State v. Haydin

235 So. 3d 1293
CourtLouisiana Court of Appeal
DecidedDecember 20, 2017
DocketNO. 17-KA-234
StatusPublished
Cited by5 cases

This text of 235 So. 3d 1293 (State v. Haydin) 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. Haydin, 235 So. 3d 1293 (La. Ct. App. 2017).

Opinion

CHAISSON, J.

| defendant, Jeffery M. Haydin, appeals his conviction and enhanced sentence for second degree battery. For the reasons that follow, we affirm defendant’s conviction and sentence; however, we remand the matter for correction of an error patent as noted herein.

PROCEDURAL HISTORY

On January 20, 2015, the Jefferson Parish District Attorney filed a bill of information charging defendant with the second degree battery of Katie Haydin, in violation of La. R.S. 14:34.1; Defendant pled not guilty at his arraignment on January 21, 2015. The matter proceeded to trial before a six-person jury on June 21, 2016. The following day, the jury returned a verdict of guilty as charged.

On August 4, 2016, the trial court sentenced defendant to five year's imprisonment at hard labor. The State filed a multiple offender bill of information,1 alleging defendant to be a second felony offender, to which defendant stipulated , on September 1, 2016. On the same date, the trial court resentenced defendant as a second felony offender, pursuant to La. R.S. 15:529.1, to ten years imprisonment at hard labor without benefit of probation or suspension of .sentence. Defendant now appeals.2

FACTS

On November 21, 2014, defendant and his wife, Brandy Haydin, traveled from Mississippi to Metairie, Louisiana, to attend his mother’s funeral. While at his deceased mother’s home in Metairie, he noticed that certain items had been taken from her house. Nicole Jolly, a family friend who lived nearby, informed Brandy that she had observed Katie Haydin, defendant’s sister-in-law, at I ¡defendant’s mother’s house-removing boxes of items. Defendant called Scott Haydin, his brother and Katie’s husband, to inquire as to the whereabouts of the missing items and was informed that Scott and his family were celebrating his daughter’s birthday at Chuck E. Cheese and did not intend on discussing the subject at that time. Defendant then drove his family to the birthday party where an altercation ensued between defendant and Katie after defendant again attempted to broach the subject regarding his mother’s missing belongings.

Deputy Ryan Anear of the Jefferson Parish Sheriffs Office was dispatched to Chuck E. Cheese on Veterans Boulevard in Metairie, where he encountered defendant, who had called the police to report that he had been punched in the face by his sister-in-law Katie. However, according to Katie and her husband Scott, when defendant angrily confronted Scott about his mother’s belongings, Katie attempted to intervene at which time defendant berated her and then “chest bumped” her, prompting her to slap him in the face. When Deputy Anear advised defendant that Katie would not be arrested, but rather issued a misdemeanor citation for simple battery, he became upset, indicating his desire to have Katie taken to jail. Defendant then left the scene, refusing to provide a statement, and thus, a citation was never issued. Katie and Scott, who also did not live in the area, were advised to stay somewhere other than Denis Haydin’s house,3 if possible, since they suspected that defendant might go there.

Approximately one hour later, Deputy Anear responded to a call of a reported battery at Denis’s residence on Canterbury Lane. Upon arrival, Deputy Anear again encountered Katie and Scott, who explained that when they arrived at Denis’s house, defendant was standing outside of his truck yelling and “bouncing around” while on his phone. After informing the person on the phone that he was going “to beat this bitch up,” defendant walked straight up to Katie, knocked a box |,qout of Katie’s hands, and started hitting her and Scott before attempting to flee in his truck, which was being driven by defendant’s wife. Katie testified that she remembered being hit twice by defendant, the first time did not cause her injury, but the second time defendant punched her in the middle of her face with such force that she fell to the ground. Katie described that blood “gushed” from her nose and mouth and that she could not see or breathe.

Scott tried to stop defendant from leaving the scene by standing in front of defendant’s truck, as defendant instructed his wife to run him over. When Scott would not move, defendant got out of his truck with a broken glass bottle in hand and started to chase Scott. Defendant eventually returned to his truck and left the scene.

Deputy Anear noted that Katie was sitting in the driveway in a pool of her own blood and that Scott had “some visible marks on his face.” Katie was subsequently transported to the hospital for treatment of her injuries. Dr. Ramiz Khalaf, who treated Katie at the hospital, testified that Katie sustained a broken nose and had considerable swelling to her eye.

At trial, defendant presented a different version of events. According to Ms. Jolly, who was with defendant and his wife at the time of the incident, Katie and Scott arrived at Denis’s house and began yelling at defendant and his wife. Katie then approached defendant and threw a box at him, which defendant knocked away. She further testified that Katie punched defendant in the face and spit on him, prompting defendant to “slap” Katie. She recalled that defendant and Scott then began fighting with one another. Ms. Jolly further claimed that Scott’s son brought his father a drinking glass which he used to hit defendant. Defendant’s wife Brandy testified in accordance with Ms. Jolly’s account of the incident. .

ASSIGNMENT OF ERROR NUMBER ONE

(Sufficiency of the Evidence)

In his first assigned error, defendant challenges the sufficiency of the evidence used to convict him of second degree battery. First, he contends that the State failed to prove that Katie suffered “serious bodily injury,” and secondly, that the evidence presented at trial proved he acted in self-defense when he slapped Katie.'

In reviewing the sufficiency of the evidence, an appellate court must determine if the evidence, whether direct or circumstantial, or. a mixture of both, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime have been proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Howard, 15-473 (La. App. 5 Cir. 12/9/15), 182 So.3d 360, 363. Under the Jackson standard, a review of the record for sufficiency of the evidence does not require the court to ask whether it believes that the evidence at the trial established guilt beyond a reasonable doubt. Rather, a reviewing court is required to consider the whole record and determine whether any rational trier of fact would have found guilt beyond a reasonable doubt. State v. Jones, 08-20 (La. App. 5 Cir. 4/15/08), 985 So.2d 234, 240.

In the present case, defendant was convicted of second degree battery. La. R.S. 14:34.1(A) provides, in pertinent part: “Second degree battery is a battery when the offender intentionally inflicts serious bodily injury.”4 La. R.S.

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Bluebook (online)
235 So. 3d 1293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-haydin-lactapp-2017.