State v. Dotson

257 So. 3d 229
CourtLouisiana Court of Appeal
DecidedOctober 3, 2018
Docket18-29
StatusPublished

This text of 257 So. 3d 229 (State v. Dotson) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dotson, 257 So. 3d 229 (La. Ct. App. 2018).

Opinion

COOKS, Judge.

FACTS AND PROCEDURAL HISTORY

Defendant, Matthew Dotson, lived with the victims in this case, his girlfriend, Misty Marshall, and her nine-year-old son, Day-Min. Also residing in that home was their daughter, toddler Zinlee Dotson, as well as Ms. Marshall's teenage daughter, Jasmine Moses. At the end of the Thanksgiving 2015 break for school, the children got their school gear together and the family had supper. Day-Min and Jasmine each went to bed. When Jasmine woke up the next day, she noticed her mother and brother were not present, and the living room appeared to be in disarray.

When Jasmine saw Defendant, he appeared flustered and was repeatedly going outside and coming back inside. He told Jasmine that they had to pack and leave, and also told her that her mother and Day-Min were in Shreveport. The teenager packed for herself and her younger sister. Defendant then removed the gaming systems and video games. When Jasmine took Zinlee out of her playpen and went outside, she saw their mother's corpse on the ground, wrapped in blue bubble wrap. Defendant tried to load the body into his truck with an engine hoist; when that didn't work, he told Jasmine that she had to help him load the body. Jasmine stated Defendant threatened her and told her he had killed her mother and brother. Defendant was armed with a pistol. Eventually, they drove down a logging trail, put her mother's body in a ditch and put a piece of plywood over it. After that, they drove to a GameStop, where Defendant sold the gaming systems and games. They then left the state.

Ms. Marshall's mother became concerned after not hearing from her and contacted police. During the subsequent investigation, police located Day-Min's corpse in a car in the backyard of the residence.

On February 11, 2016, a Vernon Parish grand jury indicted Defendant on two counts of first degree murder, in violation of La.R.S. 14:30. On September 18 and 19, 2017, a jury was selected. Trial began on September 20, and after a two day trial, the jury found Defendant guilty as charged.

*231On October 30, 2017, the district court sentenced Defendant to life imprisonment for each count. Defendant now seeks review by this court, asserting two assignments of error. For the following reasons, we affirm Defendant's convictions and sentences.

ASSIGNMENT OF ERROR NO. 1

In his first assignment of error, Defendant argues the evidence adduced at trial was insufficient to support his convictions for first degree murder. He claims the State lacked any physical evidence linking him to the crimes and the case was wholly based on circumstantial evidence. His chief argument is that the State did not establish his identity as the killer.

This court, in State v. Giles , 04-359, pp. 9-10 (La.App. 3 Cir. 10/6/04), 884 So.2d 1233, 1240-41, writ denied , 04-2756 (La. 3/11/05), 896 So.2d 62 (alterations in original), stated:

With regard to a sufficiency of the evidence claim, this court has set forth the analysis as follows:
When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560, rehearing denied , 444 U.S. 890, 100 S.Ct. 195, 62 L.Ed.2d 126 (1979) ; State ex rel. Graffagnino v. King , 436 So.2d 559 (La.1983) ; State v. Duncan , 420 So.2d 1105 (La.1982) ; State v. Moody , 393 So.2d 1212 (La.1981). It is the role of the fact finder to weigh the respective credibility of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the triers of fact beyond the sufficiency evaluations under the Jackson standard of review. See State ex rel.Graffagnino, 436 So.2d 559 (citing State v. Richardson , 425 So.2d 1228 (La.1983) ). In order for this Court to affirm a conviction, however, the record must reflect that the state has satisfied its burden of proving the elements of the crime beyond a reasonable doubt.
State v. Kennerson , 96-1518, p. 5 (La.App. 3 Cir. 5/7/97), 695 So.2d 1367, 1371.
This court in State v. Hamilton , 03-1385, pp. 13-14 (La.App. 3 Cir. 3/3/04), 867 So.2d 151, 160, further stated:
[W]hen the conviction is based upon circumstantial evidence, La.R.S. 15:438 provides that such evidence must exclude every reasonable hypothesis of innocence. State v. Camp , 446 So.2d 1207 (La.1984) ; State v. Wright , 445 So.2d 1198 (La.1984). However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror's reasonable doubt standard. The statute serves as a guide for the jury when considering circumstantial evidence.
Defendant argues he was not the person who attacked the victim. In State v. Jones , 02-1176, p. 13 (La.App. 3 Cir. 2/5/03), 839 So.2d 439, 446-47, writ denied

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Bluebook (online)
257 So. 3d 229, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dotson-lactapp-2018.