State v. Fontenot

664 So. 2d 523, 1995 WL 640629
CourtLouisiana Court of Appeal
DecidedNovember 2, 1995
DocketCR 95-459
StatusPublished
Cited by4 cases

This text of 664 So. 2d 523 (State v. Fontenot) 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. Fontenot, 664 So. 2d 523, 1995 WL 640629 (La. Ct. App. 1995).

Opinion

664 So.2d 523 (1995)

STATE of Louisiana
v.
Lonnie P. FONTENOT.

No. CR 95-459.

Court of Appeal of Louisiana, Third Circuit.

November 2, 1995.

*524 J. William Pucheu, Ville Platte and Allen Bruce Rozas, Mamou, for the State of Louisiana.

Raymond J. Lejeune, Mamou, for Lonnie P. Fontenot.

Before YELVERTON, DECUIR and PETERS, JJ.

PETERS, Judge.

After a jury trial, the defendant, Lonnie P. Fontenot, was convicted of five counts of theft of property having a value in excess of $500.00, a violation of La.R.S. 14:67. He was subsequently adjudicated an habitual offender. The trial court sentenced him to serve eight years at hard labor on each count and ordered that the sentences run consecutively and without benefit of probation or suspension of sentence.

*525 DISCUSSION OF RECORD

In the first count, the defendant was charged with stealing a Snapper riding lawn mower from Frances Reed's home on or about June 21, 1992. In the second count, the defendant was charged with stealing a Honda four-wheeler from Roy West's home on or about December 17, 1992. In the third count, the defendant was charged with stealing a Honda three-wheeler which belonged to Scott Smith and was located at Smith's grandmother's house on or about February 28, 1993. In the fourth count, the defendant was charged with stealing a Honda three-wheeler from Joseph Shad Fontenot's home on or about March 8, 1993. In the fifth count, the defendant was charged with stealing a Honda four-wheeler on or about May 5, 1993, from the home of Guy Soileau. All of the stolen property was recovered and returned to the rightful owners. The defendant contends that he did not steal any of these items but admits that at different times he did have possession of all five. He claims to have acquired the Reed lawn mower, the Smith three-wheeler, and the Fontenot three-wheeler from a John Broussard. The defendant claims to have acquired the West four-wheeler from Billy Lanchlos and the Soileau four-wheeler from Jason Cummings.

ANALYSIS

The defendant has raised five assignments of error for consideration by this court.

Assignment of Error No. 1

The defendant first contends that the state failed to establish Evangeline Parish as the proper venue. This exception is without merit. La.Code Crim.P. art. 615 provides:

Improper venue shall be raised in advance of trial by motion to quash, and shall be tried by the judge alone. Venue shall not be considered an essential element to be proven by the state at trial, rather it shall be a jurisdictional matter to be proven by the state by a preponderance of the evidence and decided by the court in advance of trial.

The defendant did not raise this issue by motion to quash prior to trial, and he cannot raise this issue for the first time on appeal. See also State v. Matthews, 632 So.2d 294 (La.App. 1 Cir.1993).

Assignments of Error Nos. 2 and 4

Both of these assignments address the sufficiency of the evidence and will be considered together. When the issue of the 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 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983). It is the fact finder's role to weigh the respective credibilities of the witnesses, and therefore, the appellate court should not second-guess the credibility determinations of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. State ex rel. Graffagnino, 436 So.2d 559. In State v. Mussall, 523 So.2d 1305, 1311 (La.1988), the Louisiana Supreme Court set forth the legal precepts to be used in a Jackson review:

After reviewing Jackson and the foregoing authorities, we conclude that a reviewing court may not disregard its duty under due process of law as interpreted by Jackson v. Virginia simply because the record contains testimony which tends to support each fact necessary to constitute the crime. If the court finds that no rational trier of fact viewing all of the evidence from a rational pro-prosecution standpoint could have found guilt beyond a reasonable doubt, the conviction cannot stand constitutionally. The actual trier of fact's rational credibility calls, evidence weighing and inference drawing are preserved through the requirement that upon judicial review all of the evidence is to be considered as if by a rational fact finder in the light most favorable to the prosecution, and by the admonition that the sufficiency inquiry does not require a court to ask itself whether it believes that the evidence at trial established guilt beyond a reasonable doubt. Thus, the reviewing court is not called upon to decide whether it believes the witnesses or whether the conviction *526 is contrary to the weight of the evidence. As Professor Wright observes, the important points are that "the court is not to substitute its judgment of what the verdict should be for that of the jury, but that at the same time the jury cannot be permitted to speculate if the evidence is such that reasonable jurors must have a reasonable doubt." 2 C. Wright, [Federal Practice & Procedure, Criminal 2d,] § 467, at 660-661 & n. 23.

(Footnotes omitted).

In the second assignment of error, the defendant contends that the state did not prove that the value of each item allegedly taken exceeded $500.00. The evidence reflects that the defendant traded the Reed lawn mower for an all-terrain vehicle valued at approximately $1,000.00, sold the West four-wheeler for $1,600.00, sold the Smith three-wheeler for $1,200.00, sold the Fontenot three-wheeler for $650.00, and sold the Soileau four-wheeler for $3,200.00. Considering the standard of review to be applied in this case and viewing the evidence in the light most favorable to the prosecution, we find that a rational trier of fact could have found the value of the items proven beyond a reasonable doubt. Thus, we find this assignment is without merit.

In the fourth assignment of error, the defendant contends that the evidence presented at trial does not support a verdict of guilty. We also find that this assignment is without merit.

La.R.S. 14:67(A) provides:

A. Theft is the misappropriation or taking of anything of value which belongs to another, either without the consent of the other to the misappropriation or taking, or by means of fraudulent conduct, practices, or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential.

Additionally, there exists a rebuttable legal presumption "that the person in the unexplained possession of property recently stolen is the thief...." La.R.S. 15:432.

The only direct evidence of the defendant's involvement in a theft is the testimony of Jason Cummings who claims that the defendant, Alvin Edwards, and he took the Soileau four-wheeler. That four-wheeler was stolen sometime between April 28, and April 30, 1993, and was sold by the defendant to E.J. Duplechain on or about May 5, 1993. Duplechain then sold the vehicle to someone named Manuel from whom it was later recovered.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Ball
209 So. 3d 793 (Louisiana Court of Appeal, 2016)
State of Louisiana v. Joshua Jerome Ball
Louisiana Court of Appeal, 2016
State of Louisiana v. Eric Harrison
Louisiana Court of Appeal, 2007
State v. Felix
918 So. 2d 577 (Louisiana Court of Appeal, 2005)
State v. Goodman
684 So. 2d 58 (Louisiana Court of Appeal, 1996)
State v. Fontenot
675 So. 2d 271 (Supreme Court of Louisiana, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
664 So. 2d 523, 1995 WL 640629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fontenot-lactapp-1995.