State v. Gaspard

746 So. 2d 725, 1999 WL 994060
CourtLouisiana Court of Appeal
DecidedNovember 3, 1999
DocketCR99-481
StatusPublished
Cited by2 cases

This text of 746 So. 2d 725 (State v. Gaspard) 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. Gaspard, 746 So. 2d 725, 1999 WL 994060 (La. Ct. App. 1999).

Opinion

746 So.2d 725 (1999)

STATE of Louisiana
v.
Shawn GASPARD.

No. CR99-481.

Court of Appeal of Louisiana, Third Circuit.

November 3, 1999.

*726 Michael Harson, Lafayette, Keith A. Stutes, Asst. Dist. Atty., for State.

Lee Andrew Gallaspy, Alfred Frem Boustany, II, Lafayette, for Shawn Gaspard.

Before DOUCET, C.J., PETERS, and SULLIVAN, Judges.

*727 SULLIVAN, Judge.

Shawn Gaspard appeals his conviction for first degree murder and his sentence of life imprisonment without benefit of probation, parole, or suspension of sentence. For the following reasons, we affirm the conviction and sentence.

Background

Gerald Green was murdered on October 2, 1992, at the Green Oaks Lounge on Guilbeau Road in Lafayette. Defendant and Mitchell Hebert were charged with the first degree murder of Green. The facts of the murder and its investigation are detailed in a prior opinion by this court in State v. Gaspard, 95-1643 (La.App. 3 Cir. 5/8/96); 685 So.2d 151.

Hebert confessed to the murder shortly after 7:00 p.m. that same day. Later that evening, at approximately 9:30 p.m., Defendant confessed. Prior to trial, Defendant sought to have his confession suppressed. The motion to suppress was denied. Id.

Ultimately, Defendant was tried by a jury and found guilty of first degree murder. He was sentenced to life imprisonment without benefit of parole, probation, or suspension of sentence. On appeal, he raises three assignments of error. The first assigned error concerns the denial of the motion to suppress. The remaining issues involve the alleged insufficiency of the evidence and the alleged discrimination in the selection of the grand jury foreperson.

Errors Patent

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. Our review of the record reveals one error patent.

The trial court informed Defendant that he had three years from the date of sentencing to file an application for post-conviction relief. Under La.Code Crim.P. art. 930.8, Defendant has three years after the judgment of conviction and sentence have become final to apply for post-conviction relief. Therefore, the trial court is hereby ordered to inform Defendant of the correct provisions of Article 930.8 by sending written notice to him within ten days of the rendition of this opinion and to file written proof of his receipt of said notice into the record of these proceedings. See State v. Dozier, 97-1564 (La.App. 3 Cir. 5/20/98); 713 So.2d 729, writ denied, 98-1694 (La.11/25/98); 729 So.2d 573.

Sufficiency of the Evidence

Defendant contends that the jury erred in finding sufficient evidence to support a conviction for first degree murder under Louisiana's felony murder theory. We consider this assignment first since a ruling in Defendant's favor on this issue will result in his acquittal. State v. Hearold, 603 So.2d 731 (La.1992). Under Hearold, the entirety of the trial evidence, both admissible and inadmissable, must be reviewed. Therefore, Defendant's arguments regarding the inadmissibility of his confession have no bearing on our review of this issue. If the evidence is sufficient to support a conviction, Defendant is not entitled to an acquittal, and we must consider his assignments of error to determine whether he is entitled to a new trial. Id.

As explained by the United States Supreme Court in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), when sufficiency of the evidence is at issue on appeal, an appellate court must view the evidence in a light most favorable to the prosecution and consider whether any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. "The rational factfinder standard of Jackson v. Virginia ... allows an appellate court to impinge on `the actual factfinder's discretion ... only to the extent necessary to guarantee the fundamental protection of due process of law.'" State v. Juluke, 98-341, p. 4 (La.1/8/99); 725 So.2d 1291, 1293 (citation omitted). Furthermore, the Louisiana Supreme Court *728 explained that, since the Jackson standard has a limited purpose, it does not permit a reviewing court to second guess the rational credibility determinations of the fact finder. Id., citing State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983).

In order to obtain a conviction, the State must prove the elements of the crime charged beyond a reasonable doubt. Defendant was charged with first degree murder, which includes "the killing of a human being [w]hen the offender has the specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of ... armed robbery ... or simple robbery." La.R.S. 14:30.

Simple robbery is "the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but not armed with a dangerous weapon." La.R.S. 14:65(A). Armed robbery is "the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon." La.R.S. 14:64(A). All persons concerned in the commission of a crime are equally culpable, according to their mental state at the time the crime was committed. La.R.S. 14:24. State v. Anderson, 97-1301 (La. 2/6/98); 707 So.2d 1223.

Dr. Emil Laga, a forensic pathologist, testified that Green's death was caused by a severe laceration to his throat. He further testified that an injury to Green's right forehead was potentially fatal. The forehead injury was compatible to an injury resulting from being hit with a bottle.

In his confession, Defendant explained that he and Hebert planned to enter the Green Oaks Lounge to rob and kill Green. From the inception of their robbery plot, they planned to kill Green because he knew them and could easily identify them. Defendant confessed to locking the door after he and Hebert entered the lounge. Defendant denied cutting Green but confessed to kicking and hitting him in the head with a bottle. He admitted to taking money from the lounge. Thus, Defendant's confession proved that he had the specific intent to kill Green during the robbery and that he was a direct participant in both the robbery and the killing. Further, the hiking boots worn by Defendant at the time of the robbery/murder were recovered from a dumpster at Acadiana Mall pursuant to instructions given in his confession.

Defendant argues that under the "corpus delicti rule," an accused cannot be convicted on his own uncorroborated statement. He is correct. The corpus delicti rule was reviewed by the Louisiana Supreme Court in State v. Martin, 93-285, p. 7 (La.10/17/94); 645 So.2d 190, 195 (citations omitted):

Under the Louisiana corpus delicti rule, an accused cannot be convicted on his own uncorroborated confession without proof that a crime has been committed by someone. The prosecution, in order to establish guilt, must show that the injury specified in the crime occurred and that the injury was caused by someone's criminal activity. The touchstone is trustworthiness-an untrustworthy confession should not alone support a conviction, and corroboration is an effective test of the trustworthiness of a person's inculpatory statements.
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Bluebook (online)
746 So. 2d 725, 1999 WL 994060, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gaspard-lactapp-1999.