State v. Gandy

57 So. 3d 1163, 2011 La. App. LEXIS 125, 2011 WL 504050
CourtLouisiana Court of Appeal
DecidedFebruary 2, 2011
DocketNo. 45,947-KA
StatusPublished
Cited by3 cases

This text of 57 So. 3d 1163 (State v. Gandy) 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. Gandy, 57 So. 3d 1163, 2011 La. App. LEXIS 125, 2011 WL 504050 (La. Ct. App. 2011).

Opinion

BROWN, Chief Judge.

| defendant, Quentin Gandy, was charged by bill of information with unauthorized entry of an inhabited dwelling, a violation of La. R.S. 14:62.3. The charge against defendant stemmed from a July 3, 2009, incident in which defendant entered the home of his former girlfriend,. Shreka [1165]*1165Mayweather, without consent. Defendant, after a two-day jury trial, was found guilty of unauthorized entry of an inhabited dwelling, and, thereafter, was adjudicated a second felony offender. The trial court sentenced defendant to 11 years at hard labor without the possibility of probation or suspension of sentence. Defendant appealed, setting forth three assignments of error. For the reasons stated herein, defendant’s conviction and sentence are affirmed.

Discussion

Sufficiency of the Evidence

In its case in chief, the state presented the testimony of three witnesses. Ms. Mayweather testified that defendant was a former boyfriend and that she had seen him off and on since their relationship ended two and a half years ago. According to Ms. Mayweather, once the relationship ended, defendant “stalked” her and called her constantly; the situation deteriorated to the point where Ms. Mayweather had to ask defendant’s parents to intervene.

Ms. Mayweather claimed that on the day of the offense she was at home watching television with her ten and two-year-olcl sons. According to Ms. Mayweather, defendant was “lurking” around her home, calling her phone, and knocking on her windows demanding her to let him enter. Ms. [2Mayweather stated that she repeatedly asked defendant to leave her property.

Later on that day, Ms. Mayweather received a phone call stating that her new refrigerator would be delivered that day. The appliance arrived while she was bathing. Ms. Mayweather had instructed her ten-year-old son to allow the delivery men, and only the delivery men, to enter the home. According to Ms. Mayweather, defendant entered the house and forced his way into her bathroom as she was taking a bath. Ms. Mayweather stated that she told defendant to leave her house, but he refused to do so. She called the police from the phone near the tub. Shortly before the police arrived, defendant left the scene.

The state also called Shreveport Police Department Corporal Eric Swartout, the officer who responded to Ms. Mayweather’s 911 call. Corporal Swartout received a , statement from Ms. Mayweather that defendant, without consent, entered her home, confronted, her in the bathroom, and refused to leave when asked. Corporal Swartout also spoke with Christopher Hamilton, one of the refrigerator delivery men. Hamilton informed Corporal Swart-out that defendant followed directly behind him into the house and went to the back of Ms. Mayweather’s home where he heard them yelling.

Hamilton testified that, although his memory from that day is not perfect, he did recall that he was delivering a refrigerator to Ms. Mayweather’s home when, at some point, defendant walked into the house and towards the rear of the house. Hamilton stated that when defendant got [3to the back of the house he could hear him and Ms. Mayweather yelling at one another. According to Hamilton, by the tone of the argument it did not appear as if defendant was supposed to be there.

The defense also called three witnesses. The first two witnesses, Gavelyn Bryant, a former friend of Ms. Mayweather, and Otis Oliver, a lifelong friend of defendant, testified regarding Ms. Mayweather’s and defendant’s relationship and defendant’s prior visits to Ms. Mayweather’s home. Specifically, Oliver claimed that on numerous occasions he would drive defendant to Ms. Mayweather’s house after her boyfriend went to work.- On cross-examina[1166]*1166tion, however, both witnesses admitted that they were not present on July 3, 2009.

Lastly, defendant testified on his own behalf. In his testimony, defendant asserted that he had visited Ms. Mayweather’s home every day since his release from jail six weeks prior to the incident. He claimed that he and Ms. Mayweather were in a relationship for four years and that he would sneak into her home after her live-in boyfriend left for work. Defendant also claimed that when he arrived at Ms. May-weather’s home on July 3, the delivery men were at her house but they were still in the truck. He claimed that he knocked on the door and Ms. Mayweather’s ten1 year-old son let him in. During his testimony, defendant claimed that Ms. Mayweather’s ten-year-old son often let him in the house because Ms. Mayweather ‘“would be sleeping hard.” According to defendant, he wanted to talk to Ms. Mayweather about their two-year-old son.1 He claimed that |4Ms. Mayweather only called the police because the neighbors might tell her live-in boyfriend of his presence and because the furniture people were present.

After considering the aforementioned testimony, the jury found defendant guilty of unauthorized entry of an inhabited dwelling.

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. Tate, 01-1658 (La.05/20/03), 851 So.2d 921, cert. denied, 541. U.S. 905, 124 S.Ct. 1604, 158 L.Ed.2d 248 (2004); State v. Carter, 42,894 (La.App.2d Cir.01/09/08), 974 So.2d 181, writ denied, 08-0499 (La.11/14/08), 996 So.2d 1086.

An appellate court’s authority to review questions of fact in a criminal case is limited to the sufficiency of the evidence evaluation and does not extend to credibility determinations made by the trier of fact. La. Const. Art. 5, § 10(B); State v. Williams, 448 So.2d 753 (La.App. 2d Cir.1984). 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. Eason, 43,788 (La.App.2d Cir.02/25/09), 3 So.3d 685, writ denied, 09-0725 (La.12/11/09), 23 So.3d 913, cert. denied, — U.S. -, 130 S.Ct. 3472, 177 L.Ed.2d 1068 (2010); State v. Hill, 42,025 (La.App.2d Cir. 05/09/07), 956 So.2d 758, writ denied, 07-1209 (La.12/14/07), 970 So.2d 529.

Unauthorized entry of an inhabited dwelling is defined by La. R.S. 14:62.3(A) as “the intentional entry by a person without authorization into any inhabited dwelling or other structure belonging to another and used in whole or in part as a home or place of abode by a person.” An unauthorized entry is an entry without consent, express or implied. State v. Ortiz, 96-1609 (La.10/21/97), 701 So.2d 922, cert. denied, 524 U.S. 943, 118 S.Ct. 2352, 141 L.Ed.2d 722 (1998). This consent must be given by a person with authority or capacity to consent. Id.

It is undisputed that defendant and Ms. Mayweather had an intimate relationship, and that defendant had permission to enter Ms. Mayweather’s home on prior oc[1167]*1167casions. Permission to enter one day, however, does not give one carte blanche authorization to enter any time he wishes. See State v. Spain, 99-1956 (La.App. 4th Cir.03/15/00), 757 So.2d 879. It is Ms.

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Bluebook (online)
57 So. 3d 1163, 2011 La. App. LEXIS 125, 2011 WL 504050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gandy-lactapp-2011.