State v. Hampton

670 So. 2d 1349, 1996 WL 83207
CourtLouisiana Court of Appeal
DecidedFebruary 28, 1996
Docket27703-KA
StatusPublished
Cited by7 cases

This text of 670 So. 2d 1349 (State v. Hampton) 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. Hampton, 670 So. 2d 1349, 1996 WL 83207 (La. Ct. App. 1996).

Opinion

670 So.2d 1349 (1996)

STATE of Louisiana, Appellee,
v.
Sedric C. HAMPTON, Billy Gene Abney and Bobby L. Perry, Appellants.

No. 27703-KA.

Court of Appeal of Louisiana, Second Circuit.

February 28, 1996.
Rehearing Denied March 28, 1996.

*1351 Bobby L. Culpepper, Monroe, for Appellants.

Richard Ieyoub, Attorney General, Walter E. May, Jr., District Attorney, for Appellee.

Before HIGHTOWER, BROWN and GASKINS, JJ.

BROWN, Judge.

A jury convicted defendants, Sedric Hampton, Billy Abney and Bobby Perry, of three counts of theft of over $500, LSA-R.S. 14:67. The trial court sentenced defendant Hampton to two years at hard labor on each count to run concurrently. Defendants Abney and Perry were given suspended sentences of two years at hard labor and were placed on supervised probation for three years. Defendants appeal their convictions. For the reasons set forth below, we affirm.

FACTS

Defendant, Sedric Hampton, owns Sedric's Phillips 66 Service Station in Arcadia, Louisiana. Defendants, Billy Abney and Bobby Perry, were employed as mechanics at Sedric's. The convictions involved the fraudulent billing and collection of money for repairs authorized but not performed on three school buses owned by the Bienville Parish School Board that were brought to Sedric's in May, June and July of 1992.

*1352 In count one, the state claimed that defendants billed and collected from the school board $3,100 for the installation of a new heavy duty engine in a 1972 Ford bus, when, in fact, a rebuilt short or long block was actually installed. According to the state's expert witness, the installation of a long block would cost at the most $2,000.

Count two involved a 1973 Chevrolet bus. The state claimed that defendants billed and were paid for the following parts and work that was not done:

(1) a new heavy duty engine;
(2) two fuel filters;
(3) four wheel bearings replaced;
(4) radiator core replaced;
(5) U-joint replaced;
(6) rear end seal replaced;
(7) four shock absorbers;
(8) front brake shoes;
(9) complete brake cylinder set;
(10) heavy duty battery;
(11) transmission supports;
(12) grease seals;
(13) brake drums turned;
(14) flywheel replaced;
(15) four lug nuts replaced.

The bill submitted for parts and labor to the 1973 bus was $9,290. Of that amount, $4,591.53 was for parts allegedly not furnished. The labor charges of $1,500 were not itemized.

In count three, the state alleged that the following repairs were invoiced but not actually completed on a 1974 Ford bus:

(1) new engine;
(2) four wheel bearings replaced;
(3) grease seals;
(4) rebuilt carburetor;
(5) flywheel;
(6) power steering system overhauled;
(7) four drums turned.

The total bill for repairs to this bus was $10,998.56. The amount charged for parts for the repairs allegedly not made was $3,473.20. Again, the labor charges of $1,800 were not itemized.

On the other hand, defendants claimed the charges submitted to and paid by the school board were for parts actually used and work actually performed. Defendants deny that the school board was overcharged for any of the repairs.

DISCUSSION

Defendants have assigned 104 errors.[1] We will first address those assignments directed at the sufficiency of the evidence. See State v. Hearold, 603 So.2d 731 (La.1992). Assignments of Error Nos. 101-103: Denial of motions for new trial and post-judgment verdict of acquittal.

Defendants assert that there was insufficient evidence to support their convictions of theft and that a new trial should have been granted because of jury misconduct. Defendants also assert that the trial court erred in refusing to allow a member of the jury to be called as a witness at the hearing on the motion for a new trial.

The standard of appellate review for a sufficiency of the evidence claim is whether, after viewing all of the submitted evidence, including that later found on appeal to be inadmissible, in the light most favorable to the prosecution, any rational juror 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); Hearold, supra; State v. Bellamy, 599 So.2d 326 (La.App. 2d Cir. 1992), writ denied, 605 So.2d 1089 (La.1992).

This standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of evidence in such cases must resolve any conflict by viewing that evidence in the light most favorable to the prosecution. When the evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was guilty of every essential element of the *1353 crime. State v. Sutton, 436 So.2d 471 (La. 1983); State v. Lott, 535 So.2d 963 (La.App. 2d Cir.1988).

Theft is defined as the misappropriation or taking of anything of value which belongs to another by means of fraudulent conduct, practices or representations. An intent to deprive the other permanently of whatever may be the subject of the misappropriation or taking is essential. LSA-R.S. 14:67. All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act, aid and abet in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals to that crime. LSA-R.S. 14:24.

Regarding the 1972 Ford bus, the only repair allegedly not performed was the installation of a new heavy duty engine. Michael Smudrick, an expert mechanic in internal combustion engines, testified that he inspected the bus and concluded that the engine was not a new heavy duty engine, but rather a rebuilt engine. Smudrick testified that a rebuilt engine would cost between $1,000 and $2,000 for parts and labor and that the $3,100 charged by Sedric's Service Station was unjustified. The state presented neither video nor photographic evidence of this bus.

With regard to the 1973 Chevrolet bus, the state presented testimony and introduced into evidence pictures and a videotape showing that the repairs on the invoice from Sedric's were not done. Troy Scallion, an expert in general automotive mechanics, examined the bus at the request of Larry Knotts, a member of the Bienville Parish School Board. Eight exhibits show the engine in the bus which was supposedly a new heavy duty engine. Scallion testified that the engine in the bus was not new, although it could have been a rebuilt engine, also known as a short block. The photographs show a dented valve cover with a different color of paint, a cylinder color of paint, a cylinder wall with ridges from excessive wear and a burnt spot, and a rusty water pump. Also, one of the pictures shows exhaust smoke coming from the tail pipe of the bus, indicating that the engine was not new.

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Cite This Page — Counsel Stack

Bluebook (online)
670 So. 2d 1349, 1996 WL 83207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hampton-lactapp-1996.