State v. Florant

119 So. 3d 635, 12 La.App. 5 Cir. 736, 2013 WL 2249178, 2013 La. App. LEXIS 1029
CourtLouisiana Court of Appeal
DecidedMay 23, 2013
DocketNo. 12-KA-736
StatusPublished
Cited by6 cases

This text of 119 So. 3d 635 (State v. Florant) 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. Florant, 119 So. 3d 635, 12 La.App. 5 Cir. 736, 2013 WL 2249178, 2013 La. App. LEXIS 1029 (La. Ct. App. 2013).

Opinion

HANS J. LILJEBERG, Judge.

|2On May 9, 2011, the Jefferson Parish District Attorney filed a bill of information charging defendant, Maurice Florant, with possession of a firearm by a convicted felon in violation of La. R.S. 14:95.1.1 On May 10, 2011, defendant pleaded not guilty. On October 25, 2011, a 12-person jury found defendant guilty as charged. On January 4, 2012, the trial court sentenced defendant to imprisonment at hard labor for a term of 15 years without benefit of parole, probation, or suspension of sentence. Defendant’s motion for appeal was granted and the trial court subsequently denied defendant’s motion to reconsider sentence. This appeal follows.

[637]*637| ¿FACTS

On April 2-3, 2011, Officer Francisco Campos of the Gretna Police Department was on night patrol from 7:00 p.m. to 7:00 a.m. That evening, Officer Campos was patrolling the 1200 block of Burmaster Street in Gretna, Louisiana, an area he had patrolled “for the better part of three years.” In the area is Club J’s, a nightclub known for criminal activity, including gun and narcotics-related offenses. At approximately 2:55 a.m., Officer Campos observed a vehicle exit a parking lot in the area of Club J’s at a high rate of speed and continue down Burmaster Street, unable to stay within its lane. In response, Officer Campos initiated a traffic stop of the vehicle. The vehicle pulled over “relatively quickly” and the officer observed three people inside, prompting him to call for backup.

Upon Officer Campos’ request, the driver of the vehicle provided a Louisiana identification card, identifying him to be co-defendant, Myron Soublet. While conversing with Soublet, Officer Campos observed a firearm next to Soublet’s right leg, tucked into the seat. The officer informed the other officers that a firearm was present and ordered the occupants of the vehicle to make their hands visible. Officer Campos, with the assistance of three officers, removed the occupants from the vehicle. The driver was removed first, patted down, and detained near the rear of the vehicle. Next, Sergeant Scott Zemlick removed the defendant, who was seated in the front seat. Upon doing so, Sergeant Zemlick observed in plain view a firearm on the passenger seat. He testified that he noticed “where the seat kind of makes an ‘L’ there was a two-tone pistol with the barrel pointing towards the door and the grip of the handgun facing up towards the headrest in the crack of the seat.” Officer Campos then walked to the passenger side of the vehicle, where he observed the firearm in plain view on the front passenger seat. Finally, Officer Campos removed the backseat passenger and |4observed a third firearm on the backseat. Defendant and backseat passenger were additionally patted down and detained near the rear of the vehicle.

Officer Campos ran checks on each subject that revealed each had open attachments for his arrest.2 The check additionally revealed that defendant was previously convicted of manslaughter. Each subject was advised of his Miranda rights and placed under arrest.

Three semi-automatic pistols were retrieved from the vehicle. A Hi-Point .380 pistol was retrieved from the front seat, a Taurus .45 pistol from the front passenger seat, and a Springfield 9mm pistol from the backseat. Each was loaded with multiple rounds.

For the defense, Teniska Smothers-Singleton testified that on the night of April 2, 2011 and early morning of April 3, 2011, she went to Club J’s with Myron Soublet and his friend, Charles. Defendant was not with them. The three friends went to the club in a vehicle that Myron was driving. Ms. Singleton rode in the front passenger seat of the vehicle with her Taurus semiautomatic handgun in her possession. Ms. Singleton testified that she purchased the handgun at BJ’s Pawn Shop in January 2011.3 When they arrived at the club, she left the handgun under the front passenger seat. Later that evening, when the [638]*638three friends left Club J’s, Ms. Singleton rode in the vehicle with Myron and Charles. However, when an intoxicated friend pulled up next to them, Ms. Singleton exited Myron’s vehicle and drove her friend’s vehicle, leaving her handgun under the front passenger seat of Myron’s vehicle. Ms. Singleton later learned that Myron and Charles were joined by defendant and that all three were arrested.

\ .DISCUSSION

Assignment of Error Number Three4

In defendant’s third assignment of error, he argues that the evidence was insufficient to support his conviction of possession of a firearm by a convicted felon. Specifically, he contends that the State failed to present evidence that he possessed the weapon and that he had the requisite intent to possess it.

In reviewing the sufficiency of the evidence, an appellate court must determine that the evidence, whether direct or circumstantial, or a mixture of both, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime have been proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Neal, 00-0674, p. 9 (La.6/29/01), 796 So.2d 649, 657, cert. denied, 535 U.S. 940, 122 S.Ct. 1323, 152 L.Ed.2d 231 (2002); State v. Mickel, 09-953, p. 4 (La.App. 5 Cir. 5/11/10), 41 So.3d 532, 534, writ denied, 10-1357 (La.1/7/11), 52 So.3d 885. Under the Jackson standard, a review of the record for sufficiency of the evidence does not require the court to ask whether it believes that the evidence at the trial established guilt beyond a reasonable doubt. State v. Jones, 08-20, p. 6 (La.App. 5 Cir. 4/15/08), 985 So.2d 234, 240. Rather, the reviewing court is required to consider the whole record and determine whether any rational trier of fact would have found guilt beyond a reasonable doubt. Id., 08-20 at 7, 985 So.2d at 240.

The requirement that the evidence be viewed in the light most favorable to the prosecution requires the reviewing court to defer to “the actual trier of fact’s |firational credibility calls, evidence weighing and inference drawing.” State v. Caffrey, 08-717 (La.App. 5 Cir. 5/12/09), 15 So.3d 198, 202, writ denied, 09-1305 (La.2/5/10), 27 So.3d 297 (quoting State v. Marcantel, 00-1629 (La.4/3/02), 815 So.2d 50, 56). “The reviewing court is not permitted ‘to decide whether it believes the witness or whether the conviction is contrary to the weight of the evidence.’ ” Id. It is not the appellate court’s function to re-evaluate the credibility of witnesses or reweigh the evidence. Id.

Defendant was charged with and convicted of possession of a firearm by a convicted felon in violation of La. R.S. 14:95.1. That statute provides, in pertinent part, that “[i]t is unlawful for any person who has been convicted of a crime of violence as defined in La. R.S. 14:2(B) which is a felony ... to possess a firearm or carry a concealed weapon.” La. R.S. 14:95.1(A). To support a conviction under La. R.S.

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Cite This Page — Counsel Stack

Bluebook (online)
119 So. 3d 635, 12 La.App. 5 Cir. 736, 2013 WL 2249178, 2013 La. App. LEXIS 1029, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-florant-lactapp-2013.