State v. Hines

465 So. 2d 958
CourtLouisiana Court of Appeal
DecidedFebruary 27, 1985
Docket16915-KW
StatusPublished
Cited by10 cases

This text of 465 So. 2d 958 (State v. Hines) 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. Hines, 465 So. 2d 958 (La. Ct. App. 1985).

Opinion

465 So.2d 958 (1985)

STATE of Louisiana, Appellee,
v.
Blanchard HINES, Jr., Appellant.

No. 16915-KW.

Court of Appeal of Louisiana, Second Circuit.

February 27, 1985.
Writ Denied April 19, 1985.

*959 Charles W. Seaman, Natchitoches, for appellant.

William J. Guste, Jr., Atty. Gen., New Orleans, James L. Davis, Dist. Atty., Many, for appellee.

Before FRED W. JONES, Jr., SEXTON and NORRIS, JJ.

NORRIS, Judge.

Defendant, Blanchard Hines, Jr. was charged by bill of information with taking game fish illegally, in violation of La.R.S. 56:320; possession of overlimit game fish, in violation of La.R.S. 56:325; reckless operation of a motorboat, in violation of La. R.S. 34:850.4; and resisting an officer, in violation of La.R.S. 14:108A. After a bench trial, the defendant was found guilty as charged on all four counts. After sentencing, the defendant applied for writs of certiorari, claiming the evidence was insufficient to sustain his conviction on all four charges. The Louisiana Supreme Court granted the writ and transferred it to this court for our consideration. 458 So.2d 470.

FACTS

On February 21, 1984 Ronald Morris, an officer with the Louisiana Department of Wildlife and Fisheries, together with James Clements and Rodney Arbuckle, deputies *960 with the DeSoto Parish Sheriff's Department, were traveling south on Toledo Bend Lake near the Red Fox Ditch, when they observed two men in a large aluminum boat going into the ditch on the Louisiana side. At that time, the officers were in route to an area where they knew illegal nets were located. Officer Morris, the driver of the patrol boat, intending to make a safety check, pulled behind the aluminum boat and turned on his blue signal light. He testified that when he turned on the light, the aluminum boat accelerated down the creek at a high rate of speed. The officers attempted to chase the boat. However, due to the large difference in horsepower of the two engines, they could not keep up with it. While chasing the boat, Officer Morris and Deputy Clements saw an individual, whom they later identified as Blanchard Hines, throw two garbage sacks out of the back of the boat. The officers testified that another man was in the front of the boat driving but they could not make an identification of that person because he never turned and looked towards the officers. The officers recovered the sacks, which were found to contain game fish. Additionally, around a curve in the lake in the path which the escaping boat took, the officers found two more bags of fish identical to the two which they had previously observed the defendant throwing out of the rear of the boat.

After some further investigation, Officer Morris obtained information that Hines had been one of the men in the boat, and obtained a warrant for his arrest.

At trial, both Officer Morris and Deputy Clements identified Hines as the individual they had seen throwing garbage bags of fish out of the boat. Officer Morris testified the garbage bags they recovered contained 33 striped bass, 4 white perch, and 11 blue channel catfish. He further testified that these fish had markings which indicated that they had been caught with a gill net, and that he could find no hook marks in the mouths of the fish. Photographs of the fish introduced into evidence in conjunction with Officer Morris' testimony clearly depicted the described markings. Also, both Officer Morris and Deputy Clements stated that the boat was being driven in an extremely fast and reckless manner as it made its escape.

The defense brought forward two witnesses, Jerry W. Brigman and his wife, Margie Brigman, who testified that Officer Morris' supervisor, Dalton Green, had told them that Officer Morris believed that one Bruce Rogers was the driver of the boat that ran away from him, but that he did not know who was the passenger. However, Officer Green, testifying for the defense, stated that he had told the Brigmans that Officer Morris knew Hines was in the boat but did not know who the driver was.

The defendant Hines took the stand and stated that he was not in the boat that Officer Morris and Deputy Clements had chased, but had been fishing alone in another part of the lake. He testified that he normally fished alone and that on this date he was not near the area where the incident took place. On cross examination, Hines admitted that he had been convicted twice earlier for game violations of the same type.

The trial court after hearing the evidence found the defendant guilty as charged for taking game fish illegally, possession of overlimit game fish and resisting an officer. The court took under advisement the charge of careless operation of a motorboat to consider the question of whether defendant was a principal in that offense. Later the court found Hines to be a principal and found him guilty as charged on that count also. Defendant was sentenced to pay a fine of $300 and 30 days in jail for taking game fish illegally, and $500 and 30 days in jail for possession of overlimit game fish (jail sentences to run consecutively); to a fine of $100 and 30 days in jail for resisting an officer, and $100 and 30 days in jail for careless operation of a motor boat (jail sentences to be concurrent but consecutive with the sentences for the game violations).

Defendant applied for writs claiming that the evidence was insufficient to sustain his convictions. The Supreme Court granted *961 the writs and the case was transferred to this court for its consideration.

Defendant alleges that after reviewing the evidence in a light most favorable to the prosecution, a rational trier of fact could not have found the defendant guilty beyond a reasonable doubt of the crimes charged.

Because the prosecution is required to prove beyond a reasonable doubt every element necessary to constitute the crime or crimes charged, a conviction based on the record devoid of any relevant evidence of a crucial element of the offense or offenses charged is constitutionally infirm. State v. Peoples, 383 So.2d 1006 (La.1980). In reviewing the sufficiency of the evidence to support a conviction, the reviewing court must determine whether after viewing the evidence in a light most favorable to the prosecution any rational trier of fact could have found the essential elements of the crime or crimes proved beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Byrd, 385 So.2d 248 (La.1980). This review is required by the due process clause of the Fourteenth Amendment to determine whether the evidence upon which a criminal conviction is based is minimally sufficient. State v. Graham, 422 So.2d 123 (La.1982).

OFFENSE #1: Taking Game Fish Illegally

Defendant argues that a review of the evidence presented to the court does not support a finding of guilty by a rational trier of fact of the offense of taking game fish illegally in violation of La.R.S. 56:320. That statute provides in pertinent part:

(1) Freshwater and saltwater game fish may be taken by means of rod, fishing pole, hook and line, trolling line, handline, bait casting, fly casting apparatus, by use of the device known as a yo-yo, bow and arrow, standard spearing equipment used by a skin diver sport fishing in salt water or fresh water when submerged in the water, and by no other means except a barbless spear used in salt water for taking flounder.

Hines asserts that no gill net was ever found or recovered.

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Bluebook (online)
465 So. 2d 958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hines-lactapp-1985.