State v. Garnett

266 So. 3d 330
CourtLouisiana Court of Appeal
DecidedJanuary 23, 2019
Docket18-61
StatusPublished

This text of 266 So. 3d 330 (State v. Garnett) 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. Garnett, 266 So. 3d 330 (La. Ct. App. 2019).

Opinion

KEATY, Judge.

*331Defendant, Julius Jamal Garnett, appeals his conviction and sentence for first degree murder. For the following reasons, Defendant's conviction and sentence are affirmed, and appellate counsel's motion to withdraw is granted.

FACTS AND PROCEDURAL BACKGROUND

On May 9, 2014, Pamela Carnahan was found dead in her apartment located in Alexandria, Louisiana. She died from stab wounds, and items found at the scene of the crime contained Defendant's DNA. On September 25, 2014, Defendant was indicted for first degree murder, a violation of La.R.S. 14:30. Following a jury trial, a mistrial was declared on March 17, 2016. Thereafter, another jury was selected, and a second trial commenced. On July 14, 2016, Defendant was found guilty as charged by an eleven to one vote. On July 22, 2016, Defendant's motion for post-verdict judgment of acquittal was denied in open court. Defendant waived sentencing delays, and the trial court sentenced him to life imprisonment at hard labor, without the benefit of probation, parole, or suspension of sentence.

Appellate counsel has filed a motion and supporting brief, seeking to withdraw pursuant to Anders v. California , 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), alleging that there are no non-frivolous issues for this court to review. Additionally, Defendant has filed a pro se brief on appeal, asserting the following two errors.

(1) The evidence presented in this case is insufficient to sustain [Defendant's] conviction.
(2) The jury's verdict was not unanimous as required by Article I, §§ 2, 3, and 17(A) of the Louisiana Constitution of 1974, La. C.Cr.P. art. 782, and the Fifth, Sixth, and Fourteenth Amendments to the United States Constitution.

DISCUSSION

I. Errors Patent

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the record, we find no errors patent.

*332II. Pro Se Assignment of Error Number 1

In his first pro se assignment of error, Defendant contends that the evidence adduced against him at trial was circumstantial and insufficient to support his conviction. Defendant questions whether the State presented sufficient evidence to prove any underlying felony such that the homicide was first degree murder rather than second degree murder.

When the sufficiency of evidence claim is raised on appeal, this court in State v. Kennerson, 96-1518, p. 5 (La.App. 3 Cir. 5/7/97), 695 So.2d 1367, 1371, discussed the following inquiry to be used by the reviewing court:

[T]he 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, rehearing denied , 444 U.S. 890, 100 S.Ct. 195, 62 L.Ed.2d 126 (1979) ; State ex rel. Graffagnino v. King , 436 So.2d 559 (La.1983) ; State v. Duncan , 420 So.2d 1105 (La.1982) ; State v. Moody , 393 So.2d 1212 (La.1981). It is the role of the fact finder to weigh the respective credibility of the witnesses, and therefore, the appellate court should not second guess the credibility determinations of the triers of fact beyond the sufficiency evaluations under the Jackson standard of review. See State ex rel. Graffagnino , 436 So.2d 559 (citing State v. Richardson , 425 So.2d 1228 (La.1983) ). In order for this Court to affirm a conviction, however, the record must reflect that the state has satisfied its burden of proving the elements of the crime beyond a reasonable doubt.

In State v. Hamilton , 03-1385, pp. 13-14 (La.App. 3 Cir. 3/3/04), 867 So.2d 151, 160, writ denied , 04-1227 (La. 4/22/05), 899 So.2d 567, this court explained:

Further, when the conviction is based upon circumstantial evidence, La.R.S. 15:438 provides that such evidence must exclude every reasonable hypothesis of innocence. State v. Camp , 446 So.2d 1207 (La.1984) ; State v. Wright , 445 So.2d 1198 (La.1984). However, La.R.S. 15:438 does not establish a stricter standard of review on appeal than the rational juror's reasonable doubt standard. The statute serves as a guide for the jury when considering circumstantial evidence.

Additionally, the supreme court in State v. Neal , 00-674, p. 11 (La. 6/29/01), 796 So.2d 649, 658, cert. denied ,

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Related

Anders v. California
386 U.S. 738 (Supreme Court, 1967)
Apodaca v. Oregon
406 U.S. 404 (Supreme Court, 1972)
Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
McCoy v. Court of Appeals of Wisconsin, District 1
486 U.S. 429 (Supreme Court, 1988)
State v. Smith
430 So. 2d 31 (Supreme Court of Louisiana, 1983)
State v. Mussall
523 So. 2d 1305 (Supreme Court of Louisiana, 1988)
State v. Benjamin
573 So. 2d 528 (Louisiana Court of Appeal, 1990)
State v. Kennerson
695 So. 2d 1367 (Louisiana Court of Appeal, 1997)
State v. Mouton
653 So. 2d 1176 (Supreme Court of Louisiana, 1995)
State v. Richardson
425 So. 2d 1228 (Supreme Court of Louisiana, 1983)
State v. Bertrand
6 So. 3d 738 (Supreme Court of Louisiana, 2009)
State v. Neal
796 So. 2d 649 (Supreme Court of Louisiana, 2001)
State v. Hatton
985 So. 2d 709 (Supreme Court of Louisiana, 2008)
State v. Ford
682 So. 2d 847 (Louisiana Court of Appeal, 1996)
State v. Wright
445 So. 2d 1198 (Supreme Court of Louisiana, 1984)
State Ex Rel. Graffagnino v. King
436 So. 2d 559 (Supreme Court of Louisiana, 1983)
State v. Jyles
704 So. 2d 241 (Supreme Court of Louisiana, 1997)
State v. Brady
414 So. 2d 364 (Supreme Court of Louisiana, 1982)
State v. Duncan
420 So. 2d 1105 (Supreme Court of Louisiana, 1982)

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266 So. 3d 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garnett-lactapp-2019.