State v. Glover

997 So. 2d 137, 2008 WL 4647708
CourtLouisiana Court of Appeal
DecidedOctober 22, 2008
Docket43,584-KA
StatusPublished

This text of 997 So. 2d 137 (State v. Glover) 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. Glover, 997 So. 2d 137, 2008 WL 4647708 (La. Ct. App. 2008).

Opinion

997 So.2d 137 (2008)

STATE of Louisiana, Appellee
v.
Justin Latron GLOVER, Appellant.

No. 43,584-KA.

Court of Appeal of Louisiana, Second Circuit.

October 22, 2008.

*139 Louisiana Appellate Project, by G. Paul Marx, Lafayette, for Appellant.

Paul J. Carmouche, District Attorney, Catherine M. Estopinal, Geya D. Williams Prudhomme, Assistant District Attorneys, for Appellee.

Before STEWART, PEATROSS and LOLLEY, JJ.

LOLLEY, J.

This criminal appeal arises from the First Judicial District Court, Parish of Caddo, State of Louisiana. The defendant, Justin Latron Glover, was convicted of possession of a firearm by a convicted felon, a violation of La. R.S. 14:95.1. He was sentenced to 13½ years' imprisonment at hard labor without the benefit of probation or suspension of sentence, plus a fine of $1,000.00 and court costs. Glover appeals his conviction and sentence, which, for the following reasons, we affirm.

FACTS

This criminal proceeding against Justin Latron "Chubby" Glover was the result of an incident that took place on February 27, 2006. Following a disagreement between Glover, his then girlfriend, Rodetria Morris, and her sister, Andramada Mosely, Glover fired several shots at the women. Glover was originally charged by bill of information with three counts of illegal use of a weapon and one count of aggravated assault with a firearm. The bill of information was subsequently amended to charge him with one count of possession of a firearm by a convicted felon. The matter came for bench trial, where several witnesses testified. Before resting its case, the state presented evidence in the form of a bill of information and trial court minutes that Glover had been previously convicted of simple burglary on August 1, 2002, which is one of the felonies enumerated in La. R.S. 14:95.1(A). Glover stipulated to this fact. Following the trial, Glover was found guilty as charged.

A sentencing hearing was set. Prior to sentencing, Glover filed motions for new trial and for post-verdict judgment of acquittal, both of which were denied. After Glover waived sentencing delays, the trial court proceeded with the sentencing hearing. After listing various aggravating factors and Glover's criminal history, the trial court imposed a sentence of 13½ years' imprisonment at hard labor without the benefit of probation or suspension of sentence, along with a fine of $1,000.00 plus court costs. The instant appeal by Glover ensued.

DISCUSSION

Sufficiency of the Evidence

On appeal, Glover raises two assignments of error. First, he argues that the trial court erred, because the evidence was insufficient for conviction. Specifically, he argues that the witnesses offered by the state were not credible, and there was no corroboration or proof of possession of a weapon by him. We disagree.

Louisiana R.S. 14:95.1 provides, in pertinent part, that it is unlawful for any person who has been convicted of certain enumerated felonies to possess a firearm *140 within 10 years of the completion of the sentence imposed. In order to prove possession of a firearm by a convicted felon pursuant to La. R.S. 14:95.1, the state must prove the following: (1) defendant possessed a firearm; (2) defendant was previously convicted of an enumerated felony; (3) the absence of the 10-year period of limitation; and, (4) general intent to commit the offense. State v. Quails, 40,630 (La.App. 2d Cir.01/27/06), 921 So.2d 226. The general intent to commit the offense of possession of a firearm by a convicted felon may be proven through the actual possession of the firearm or through the constructive possession of the firearm. State v. Johnson, XXXX-XXXX (La.04/14/04), 870 So.2d 995.

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, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); State v. Tate, XXXX-XXXX (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. Murray, 36,137 (La.App. 2d Cir.08/29/02), 827 So.2d 488, writ denied, 2002-2634 (La.09/05/03), 852 So.2d 1020. This standard, now legislatively embodied in La. C. Cr. P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. State v. Pigford, XXXX-XXXX (La.02/22/06), 922 So.2d 517. The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Smith, XXXX-XXXX (La.10/16/95), 661 So.2d 442. 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. Gilliam, 36,118 (La.App. 2d Cir.08/30/02), 827 So.2d 508, writ denied, XXXX-XXXX (La. 11/14/03), 858 So.2d 422.

Where there is conflicting testimony about factual matters, the resolution of which depends upon a determination of the credibility of the witnesses, the matter is one of the weight of the evidence, not its sufficiency. State v. Allen, 36,180 (La. App. 2d Cir.09/18/02), 828 So.2d 622, writs denied, 2002-2595 (La.03/28/03), 840 So.2d 566, 2002-2997 (La.06/27/03), 847 So.2d 1255, cert. denied, 540 U.S. 1185, 124 S.Ct. 1404, 158 L.Ed.2d 90 (2004). In the absence of internal contradiction or irreconcilable conflict with physical evidence, one witness's testimony, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Wiltcher, 41,981 (La.App. 2d Cir.05/09/07), 956 So.2d 769.

Glover argues that the evidence in the present case was insufficient to convict, because the only two witnesses who could place the gun in his hand were biased, had criminal records and gave inconsistent accounts of the events of that night. Glover also points to the absence of the weapon and the state's failure to call the other two individuals who allegedly accompanied the victims on the night in question. Finally, he argues that the evidence established that he was in no condition to have followed the victims and shoot at them.

At trial, Rodetria Morris testified that around 7:00 p.m. on the date in question she and Glover had been arguing outside in the Cedar Grove neighborhood of Shreveport, Louisiana. During the argument, Glover took Morris' cell phone from her and refused to give it back. She stated that he pushed her to the ground and cursed at her, after which she walked to a nearby liquor store and called the police. Two officers responded and drove her to the house where her sister, Andramada "Drama" Mosely lived. While at her sister's, *141 Morris repeatedly called her cell phone in an attempt to reach Glover and demand the phone's return. He eventually answered the phone and told her that he would give her the phone back, but indicated that she would have to come get it from him.

Between 11:00 p.m. and midnight, Morris testified that she walked to Glover's residence accompanied by Drama, her brother, and one of her brother's friends. After they arrived, Glover, Morris and Drama stood on the porch of the home and continued to argue about the phone. Morris testified that a man walked up and told Glover to give her the phone which he did.

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851 So. 2d 921 (Supreme Court of Louisiana, 2003)
State v. Jones
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State v. Lathan
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State v. Shumaker
945 So. 2d 277 (Louisiana Court of Appeal, 2006)
State v. Murray
827 So. 2d 488 (Louisiana Court of Appeal, 2002)
State v. Gilliam
827 So. 2d 508 (Louisiana Court of Appeal, 2002)
State v. Smith
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