State v. Fields

973 So. 2d 973, 2008 WL 80371
CourtLouisiana Court of Appeal
DecidedJanuary 9, 2008
Docket42,761-KA
StatusPublished
Cited by14 cases

This text of 973 So. 2d 973 (State v. Fields) 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. Fields, 973 So. 2d 973, 2008 WL 80371 (La. Ct. App. 2008).

Opinion

973 So.2d 973 (2008)

STATE of Louisiana, Appellee
v.
Ardic FIELDS, Appellant.

No. 42,761-KA.

Court of Appeal of Louisiana, Second Circuit.

January 9, 2008.

*975 Ardic Brian Fields, pro se.

Louisiana Appellate Project, by Carey J. Ellis, III, for Appellant.

Paul J. Carmouche, District Attorney, Tommy J. Johnson, Dhu Thompson, Assistant District Attorneys, for Appellee.

Before DREW, MOORE and LOLLEY, JJ.

LOLLEY, J.

This criminal appeal arises from the First Judicial District Court, Parish of Caddo, State of Louisiana. The defendant, Ardis Fields, was convicted by a jury of attempted second degree murder, La. R.S. 14:30.1 and La. R.S. 14:27. Fields was adjudicated a third felony habitual offender and sentenced to 100 years of imprisonment at hard labor without benefits. Fields now appeals, and for the following reasons, we affirm his conviction and sentence.

FACTS

Fields and Linda Alexander, the victim, began dating in 1998. In January 2000, Alexander ended the relationship. Fields was purportedly angered by the break-up and wanted to resume the relationship. On July 4, 2000, Alexander and her 14-year-old son, Steven, were home together when Fields entered the home, uninvited. Fields was angry and agitated, and after some time of conversation with Alexander, he pulled a knife out of his pocket and began stabbing her. Steven was able to run from the residence and call police. After stabbing Alexander over fifty times with his knife, Fields stopped and fled the scene in Alexander's vehicle. Later, Alexander's vehicle was recovered in Dallas, Texas, where Fields was also taken into custody.

Fields was originally charged by bill of information with attempted first degree murder. Subsequently, the state filed an amended bill of information, amending the charge to attempted second degree murder, pursuant to La. R.S. 14:30.1 and La. R.S. 14:27. Fields initially pled not guilty, then changed his plea to not guilty and not guilty by reason of insanity. Preliminary matters included a request for a sanity commission, which was granted by the trial court. Fields was initially found incompetent to proceed on July 19, 2004. On March 28, 2006, the trial court ruled that Fields was competent to proceed, and after examination by a second sanity commission and the related hearing, the trial court ruled that Fields was competent to proceed and was also competent at the time of the offense.

After a trial by jury, Fields was found guilty as charged. The state then filed a habitual offender bill of information charging Fields as a fourth felony habitual offender, to which he pled not guilty. His motions for post-verdict judgment of acquittal *976 and new trial were denied by the trial court prior to sentencing. After a habitual offender proceeding, the trial court found Fields to be a third felony habitual offender. Subsequently, Fields was sentenced to serve 100 years' imprisonment at hard labor without benefit of probation, parole or suspension of sentence. His motion to reconsider sentence was denied without a hearing, and this appeal ensued.

DISCUSSION

On appeal, Fields' appeal counsel brings two assignments of error, along with two assignments of error raised by Fields in his pro se capacity.

Sufficiency of the Evidence

In his first assignment of error, Fields argues that the evidence was insufficient to support the conviction of attempted second degree murder. Specifically, Fields maintains that the State failed to prove that he had the specific intent to kill, an element of the crime. We disagree.

The standard of appellate review for a sufficiency of the evidence claim 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 (1979); State v. Cummings, XXXX-XXXX (La.02/28/96), 668 So.2d 1132; State v. Henson, 38,820 (La.App. 2d Cir.09/22/04), 882 So.2d 670. This standard, now legislatively embodied in La. C. Cr. P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Henson, supra. A reviewing court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. State v. Gilliam 36,118 (La. App. 2d Cir.08/30/02), 827 So.2d 508, writ denied, XXXX-XXXX (La.11/14/03), 858 So.2d 422.

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of the evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime. State v. Henson, supra.

Fields was charged by amended bill of information with attempted second degree murder, violations of La. R.S. 14:27 and 14:30.1 A(1). Second degree murder is defined, in pertinent part, as ". . . the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm." La. R.S. 14:30.1. In La. R.S. 14:27(A), "attempt" is defined, in pertinent part, as follows:

Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense, intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.

Although second degree murder includes a specific intent to inflict great bodily harm, a conviction for attempted second degree murder requires a finding that the defendant had the specific intent to kill. State v. Butler, 322 So.2d 189 (La.1975); State v. Golson, 27,083 (La.App. *977 2d Cir.06/21/95), 658 So.2d 225, writ denied, XXXX-XXXX (La.10/10/97), 703 So.2d 600. Therefore, in the instant case, the state had the burden of proving that Fields had the specific intent to kill Alexander and that he committed an act for the purpose of accomplishing that goal.

Specific intent is that state of mind which exists when the circumstances indicate, that the offender actively desired the proscribed criminal consequences to follow his act or his failure to act. La. R.S. 14:10(1); State v. Lindsey, 543 So.2d 886 (La.1989), cert. denied, 494 U.S. 1074, 110 S.Ct. 1796, 108 L.Ed.2d 798 (1990). Specific intent may be inferred from the circumstances of the transaction and the actions of the defendant. State v. Bishop, 2001-2548 (La.01/14/03), 835 So.2d 434; State v. Allen, 41,548 (La.App. 2d Cir.11/15/06), 942 So.2d 1244. Specific intent to kill can be implied by the intentional use of a deadly weapon such as a knife or a gun. State v. Templet, 2005-2623 (La.App. 1st Cir.08/16/06), 943 So.2d 412, writ denied, 2006-2203 (La.04/20/07), 954 So.2d 158.

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Bluebook (online)
973 So. 2d 973, 2008 WL 80371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fields-lactapp-2008.