State v. Harris

823 So. 2d 1054, 2002 La. App. LEXIS 2566, 2002 WL 1842436
Louisiana Court of Appeal·Decided August 14, 2002·No. No. 36,036-KA·Published·Cited by 1 cases

Opinion

h STEWART, J.

Following a jury trial, Jerry Harris was found guilty of the second degree murder of David Keith Gossett, and he was given the mandatory sentence of life imprisonment at hard labor without benefits. On appeal, Harris argues that the evidence was insufficient to support his conviction. However, we find that the evidence was sufficient to support his conviction and thus affirm his conviction and sentence.

FACTS

On April 7, 1998, the body of David Keith Gossett was discovered by Kenneth Anderson at approximately 5:40 p.m. on Mansfield Road in Ouachita Parish. The Ouachita Parish Sheriffs Office was dispatched to the scene, and they began an immediate investigation. During the course of the investigation two subjects were arrested: Fredrick (“Little Freddy”) Goldston and the defendant herein, Jerry Edward Harris. Goldston was tried separately and convicted of second degree murder. Following a trial by jury, Harris was also found guilty of second degree murder. This appeal followed.

DISCUSSION

Standard of Review

The standard of appellate review for a sufficiency of 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 [1056]*1056beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Bosley, 29,-253 (La.App.2d Cir.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

The Jackson 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 in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence 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 crime. State v. Sutton, 436 So.2d 471 (La.1983); State v. Owens, 30,903 (La.App.2d Cir.9/25/98), 719 So.2d 610, writ denied, 98-2723 (La.2/5/99), 737 So.2d 747.

This court’s authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson v. Virginia, supra, 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. Bosley, 29,253 (La.App.2d Cir.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

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. White, 28,095 (La.App.2d Cir.5/8/96), 674 So.2d 1018, writ denied, 96-1459 (La.11/15/96), 682 So.2d 760, writ denied, 98-0282 (La.6/26/98), 719 So.2d 1048.

La.C.Cr.P. art. 821 provides that a motion for post verdict judgment of acquittal shall be granted only if the court finds that the evidence, viewed in a light most favorable to the state, does not reasonably permit a finding of guilty. This is a question of legal sufficiency. State v. Combs, 600 So.2d 751 (La.App. 2d Cir.1992), writ denied, 604 So.2d 973 (La.1992).

La.C.Cr.P. art. 851(1) provides that the court shall grant a motion for new trial whenever the verdict is contrary to the law and the evidence, i.e., that the evidence was insufficient to sustain the conviction. A motion for new trial presents only the issue of the weight of the evidence. Under this article the trial judge has wide discretion to determine the weight of the evidence. The refusal to grant such a motion is not subject to appellate review, except for error of law. State v. Mitchell, 26,070 (La.App.2d Cir.6/22/94) 639 So.2d 391, writ denied, 94-1981 (La.12/16/94), 648 So.2d 38, citing Tibbs v. Florida, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); State v. Robinson, 624 So.2d 1260 (La.App. 2d Cir.1993), writ denied, 93-2897 (La.2/11/94), 634 So.2d 372; State v. Thomas, 609 So.2d 1078 (La.App. 2d Cir.1992), writ denied, 617 So.2d 905 (1993).

To convict an accused of second degree murder, the prosecution must prove that the defendant, acting himself or as a principal, killed a human being when the actor had a specific intent to kill or to inflict great bodily Lharm. La. R.S. 14:30.1; State v. Brooks, 407 So.2d 718 (La.1981), cert. denied, 484 U.S. 947, 108 S.Ct. 337, 98 L.Ed.2d 363 (1987).

The discharge of a firearm at close range and aimed at a person is indicative [1057]*1057of a specific intent to kill or inflict great bodily harm upon that person. State v. Robinson, 32, 794 (La.App.2d Cir.3/1/00), 754 So.2d 311; State v. Stringfellow, 28,074 (La.App.2d Cir.5/8/96), 674 So.2d 1036.

All persons concerned in the commission of a crime, whether present or absent, and whether they directly commit the act constituting the offense, aid and abet its commission, or directly or indirectly counsel or procure another to commit the crime, are principals. La. R.S. 14:24.

Sufficiency of the Evidence

The defense briefed all three of its assignments in one argument. The chief complaint is that the state’s star witness, Carrie Pierce, contradicted herself on three key items. The conflicts are between pretrial statements she made in April 1998 and April 2000 as to whether (1) she did or did not see the victim with the defendant and a co-defendant1 at the Parkview Apartments on April 7, 1998; (2) whether she did or did not see the defendant with a shotgun on that date; and (3) whether she did or did not see the defendant and his co-defendant with blood on their clothing on that date. Thus, the question raised is whether the fact finder erred in its credibility decision.

| ¡¡Carrie Pierce testified that on the day David Gossett was killed, she saw Harris in an apartment at the Parkview apartment complex. She had seen Harris earlier in the day between 4:00 and 4:30 p.m. in a red truck with the co-defendant Freddie Goldston and the victim “doing donuts in the parking lot.” They left with the victim in the truck. When Pierce later saw the truck again behind Parkview, she saw Harris jumping out of the truck with blood on his shirt and with something long in his hand that Pierce believed to be a shotgun. Pierce called Harris’ name, but he told her “don’t call his name.” Pierce identified Harris in court. She also identified a picture of the victim’s truck as the truck she had seen defendant in with the co-defendant.

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State v. Harris, 823 So. 2d 1054, 2002 La. App. LEXIS 2566, 2002 WL 1842436 (La. Ct. App. 2002).

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