State v. Francis

809 So. 2d 1132, 2001 La.App. 4 Cir. 1667, 2002 La. App. LEXIS 249, 2002 WL 264582
CourtLouisiana Court of Appeal
DecidedFebruary 6, 2002
DocketNo. 2001-K-1667
StatusPublished
Cited by5 cases

This text of 809 So. 2d 1132 (State v. Francis) 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. Francis, 809 So. 2d 1132, 2001 La.App. 4 Cir. 1667, 2002 La. App. LEXIS 249, 2002 WL 264582 (La. Ct. App. 2002).

Opinion

11 JOAN BERNARD ARMSTRONG, Judge.

We grant the State’s application for supervisory writs to consider the correctness of a trial court’s ruling granting the defendant Edward Francis’ application for post conviction relief and ordering a new trial. For the following reasons, we affirm the ruling of the trial court.

On May 21,1996, the State filed a bill of information charging the defendant with aggravated burglary, a violation of La. R.S. 14:60. On May 23, 1996, he pleaded not guilty. On June 6, 1996 the trial court found probable cause. On June 24, 1996, the jury found him guilty as charged. On July 10, 1996, the court sentenced the defendant as a triple offender to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence. The defendant’s motion to reconsider sentence was denied, and his motion for appeal was granted. On appeal this Court affirmed. State v. Francis, 96-2389 (La.App. 4 Cir. 4/15/98), 715 So.2d 457, writ denied, 98-2360 (La.2/5/99), 737 So.2d 741. The defendant filed an application for post conviction relief alleging, among other claims, that his counsel was ineffective. An evidentiary hearing was conducted on December 18, 2000, and the matter was held open until its completion on April 6, 2001. On August 15, 2001, the trial court signed a written judgment in which the court | ¡¡.concluded that trial counsel was constitutionally ineffective, that counsel’s ineffective assistance violated the defendant’s rights, and that his conviction should be reversed. The State filed the present writ application complaining of the trial court’s ruling.

FACTS

The following facts have been taken from this Court’s opinion in the defendant’s appeal.

On April 23, 1996, at approximately 11:15 p.m., the police were called to investigate a disturbance at 1922 O’Reilly Street. Officers Terrell Seiber and Melvin LaBeaud responded to the call, and saw Karen Wells fleeing from the residence with a baby in her arms. Mr. Francis was exiting the residence behind her. Both officers testified that Ms. Wells was moving so quickly that she stumbled and almost fell. She told Officer Seiber that she first heard a noise and then saw Mr. Francis coming through her front door. He broke a light fixture in the living room, and then came after her in the bedroom. She grabbed for the telephone, but Mr. Francis yanked the phone cord out of the wall. He proceeded to punch her several times in the head.
On direct examination, Ms. Wells corroborated the story she told the police on the night of the incident. She testified that she and Mr. Francis had dated for about four years and that the relationship had ended. She had voluntarily stayed at a shelter for the week prior to this incident because she knew that Mr. Francis had gotten paid and would be getting drunk and looking for her. She did not want Mr. Francis to find her. However, when she returned home from the shelter, she saw Mr. Francis; and they began to argue outside her home. She ran into her neighbor’s house and called her sister. Ms. Wells testified that she did not want to use her own phone, because Mr! Francis might think she was calling the police. She then ran into her own house and locked the door. She stated that Mr. Francis pushed in the front door, breaking the lock. Once [1134]*1134inside, he broke a light fixture in the living room. She ran into the bedroom, and picked up the phone. Mr. Francis pulled the phone cord out the wall. He hit her several times about the head. She then ran out of the front door with her grandchild in her arms and fell.
On cross-examination, Ms. Wells asked if she could tell her story in her own words. She basically repeated what she had stated on direct, but added that when she ran to her own home from the neighbor’s, she knew that Mr. Francis was mad. He pushed the door hopen, and they argued and fought. She knew that Mr. Francis had been drinking, but he was not a violent man.
On re-direct, she affirmed that Mr. Francis had “beat her bad.”

(Footnote omitted).

DISCUSSION

In the defendant’s pro se application for post conviction relief filed below he listed three questions of law relating to: 1) whether a defendant, who actually resided at the residence, could be convicted of aggravated burglary when there was no proof of a theft or burglary therein; 2) whether the bill of information charging the defendant with the crime sufficiently charged aggravated burglary and put the defendant on proper notice; and 3) whether trial counsel was ineffective. The defendant raised the issue of sufficiency of the evidence on appeal. This Court noted the defendant’s arguments: “He argues that there was insufficient evidence of unauthorized entry and no evidence of intent to commit a felony or theft within Ms. Wells’ home. In his pro se brief, Mr. Francis points to an affidavit from Ms. Wells in which she stated that the prosecutor turned everything around, and that she wanted to drop the charges prior to trial.” Id. at p. 3, 715 So.2d at 460. This Court discussed the proof of unauthorized entry:

Mr. Francis first argues that there was insufficient evidence of unauthorized entry in that Ms. Wells indicated that she did not want to press charges. The fact that Ms. Wells decided at some later date that she did not wish to be a witness against Mr. Francis does not negate the physical evidence, i.e., a broken door lock, or her statement to the police the night of the accident, or her testimony at trial. Ms. Wells testified that she locked the door behind her and that Mr. Francis pushed the door in to gain entry. She testified that she did not give Mr. Francis permission to enter her house. There is thus ample evidence that Mr. Francis was not authorized to enter Ms. Wells’ home on the night in question.

| Jd. at pp. 4-5, 715 So.2d at 460. This Court also found sufficient evidence of the defendant’s intent. Id. at p. 5, 715 So.2d at 461.

In his application Sled below the defendant claimed ineffective assistance of counsel as the third issue. The defendant had raised a claim of ineffective assistance of counsel on appeal in a pro se assignment of error. On appeal he argued: that his counsel failed to call witnesses for the defense that counsel was aware of and whose testimony could have influenced the jury’s determination; that counsel never investigated Mr. Francis’ story; that counsel failed to object to the jury charge on aggravated burglary; and, that counsel failed to object during voir dire when one of the jurors stated that she knew the prosecutor. This Court considered the claim of ineffective assistance of counsel as it related to the unobjected-to jury charge and found that it had no merit. This Court held that there was insufficient evidence in the record as to the claim that defense counsel was ineffective for failing to call certain witnesses, failing to investigate, and failing to object during voir dire. [1135]*1135This Court declared that those claims should be asserted in an application for post-conviction relief so that the necessary evidentiary hearing could be held. Id. at 8-10, 715 So.2d at 462-63.

At the evidentiary hearing relating to his application for post conviction relief on December 18, 2000, counsel was appointed to represent Karen Wells, the alleged victim who was told the legal consequences if her testimony at the hearing contradicted her testimony at trial. Ms.

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Bluebook (online)
809 So. 2d 1132, 2001 La.App. 4 Cir. 1667, 2002 La. App. LEXIS 249, 2002 WL 264582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-francis-lactapp-2002.