State v. Holmes

451 So. 2d 1175
CourtLouisiana Court of Appeal
DecidedMay 30, 1984
DocketKA 83 1269
StatusPublished
Cited by12 cases

This text of 451 So. 2d 1175 (State v. Holmes) 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. Holmes, 451 So. 2d 1175 (La. Ct. App. 1984).

Opinion

451 So.2d 1175 (1984)

STATE of Louisiana
v.
Willie Ray HOLMES.

No. KA 83 1269.

Court of Appeal of Louisiana, First Circuit.

May 30, 1984.

*1176 Ossie Brown, Dist. Atty., Baton Rouge, for plaintiff-appellee.

*1177 Kathleen S. Richey, Baton Rouge, William J. Guste, Jr., Atty. Gen., New Orleans, for defendant-appellant.

Before SHORTESS, LANIER and CRAIN, JJ.

LANIER, Judge.

The defendant, Willie Ray Holmes, was charged by bill of information with aggravated burglary in violation of La.R.S. 14:60. He pled not guilty, waived his right to trial by jury, was tried by the district court judge and was found guilty as charged. The district court judge sentenced the defendant to serve twelve years at hard labor in the custody of the Louisiana Department of Corrections. Pursuant to La.R.S. 14:95.2, the defendant was sentenced to serve an additional consecutive term of two years at hard labor in the custody of the Louisiana Department of Corrections without benefit of parole, probation or suspension of sentence. This appeal followed.

SUFFICIENCY OF EVIDENCE

The defendant contends that the district court verdict of guilty is based on insufficient evidence to convict because there is no evidence to show he entered the dwelling armed with a dangerous weapon, he armed himself with a dangerous weapon after entering the dwelling or he knew the person sitting in the vehicle outside of the victim's dwelling had a gun. The defendant also contends he and the person sitting in the vehicle outside the victim's dwelling were not principals.

In State v. Mathews, 375 So.2d 1165 (La. 1979), a majority of the Louisiana Supreme Court determined that the United States Supreme Court case of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) required that the standard of review when considering the sufficiency of the evidence to support a criminal conviction is whether, after reviewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. This standard for the appellate review of facts in criminal cases has been made statutory. La.C.Cr.P. art. 821; State v. Korman, 439 So.2d 1099 (La.App. 1st Cir.1983); cf. State v. Captville, 448 So.2d 676 (La.1984).

A plea of not guilty places upon the State the burden of proving beyond a reasonable doubt each element of the crime with which the defendant is charged. La. R.S. 15:271; La.C.Cr.P. art. 804(A)(1); State v. Humphrey, 412 So.2d 507 (La. 1981); State v. Gomez, 433 So.2d 230 (La. App. 1st Cir.1983), writs denied, 440 So.2d 730 (La.1983) and 441 So.2d 747 (La.1983). The crime of aggravated burglary is defined in La.R.S. 14:60 for purposes of these proceedings as follows:

Aggravated burglary is the unauthorized entering of any inhabited dwelling ... with the intent to commit... any theft therein, if the offender,
(1) Is armed with a dangerous weapon; or
(2) After entering arms himself with a dangerous weapon; ...

Helen Taylor testified that at approximately 1:00 or 1:30 p.m. on June 8, 1981, she left her work at a medical clinic and was returning to her home located at 3070 Yorktown in the City of Baton Rouge, Parish of East Baton Rouge, Louisiana. Her children were in the car with her. As she drove into the driveway of her home, she observed a white car backed under her carport. She also observed that her bedroom door and a gate were open. Taylor had given permission to no one to enter her home. She parked in her driveway but sensing that something was unusual told her children to go across the street to a neighbor's home. She got out of her car and observed someone sitting in the driver's seat of the white car. She walked up to the car and an arm came out with a gun, and a voice said "you better run and you better run fast". Taylor started to run across her property to go to a neighbor's house across the street. She heard the person in the white car yelling. Willie Ray Holmes ran out of the front door of Taylor's house and almost ran into her. Taylor *1178 did not observe a weapon in Holmes' possession. She ran on to the neighbor's home. The white car drove to the front yard of her property, picked up Holmes and drove off. The neighbors called the police, and the police arrived in about ten minutes.

Taylor went back to her home and found the bedroom door kicked in and "kind of splintery". The clothes in the drawers were all pulled out. Both closet doors were open, and the contents were "messed up on the floor". In the entrance hall by the front door, two guns that had been in her husband's closet were on the floor along with a film projector. The house was not in this condition when she went to work. Taylor determined that a big portable color TV, a Buck knife with her husband's initials on it and some change were missing.

At about 4:00 p.m. on June 8, 1981, the police brought Taylor a photographic lineup. She identified Holmes in the lineup. About a week or ten days later, Taylor went to the parish prison and identified Holmes in a physical lineup. Taylor also made an in-court identification of Holmes.

Thomas Schiro, a detective with the Baton Rouge Police Department, went to Taylor's home after the incident was reported. He observed a door on the south side of the house kicked in and off of its frame. Schiro went inside and observed drawers and closets opened and things moved around. At the entrance to the living room leading to an exit door, he observed a shotgun and a projector. Taylor told Schiro that a knife and approximately $5.00 in change were missing. Nothing was recovered by the police.

The police had received an anonymous call that Willie Ray Holmes was doing burglaries in Taylor's neighborhood. Schiro made a photographic lineup with Holmes' picture in it and brought it to Taylor. Taylor identified Holmes in the photographic lineup. Later, a physical lineup was held, and Taylor identified Holmes in the physical lineup.

Willie Ray Holmes, Jr. testified he did not go to 3070 Yorktown on June 8, 1981, and did not participate in a burglary of those premises. Holmes testified he was at his mother's house on June 8, 1981, and was arrested after 4:00 p.m. Holmes could not remember where he was on June 6 or 7, 1981. He admitted convictions for accessory after the fact to armed robbery and for simple burglary in 1976 for which he got probation.

Holmes contends that he and the person in the white car with the gun were not principals to the aggravated burglary of Taylor's home. A principal is defined in La.R.S. 14:24 as follows:

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 in its commission, or directly or indirectly counsel or procure another to commit the crime, are principals.

To be guilty as a principal to a burglary, the offender does not have to personally enter the burgled building. State v. Kimble, 375 So.2d 924 (La.1979). An essential goal of a burglary (in addition to the unauthorized entry) is a safe and undetected retreat (escape) from the burgled premises with the fruits of the crime. State v. Anthony, 427 So.2d 1155 (La.1983). A person who serves as a "lookout" and/or provides a means of escape by driving a "getaway" car is a principal to a burglary. Cf. State v. Gutter,

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Bluebook (online)
451 So. 2d 1175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holmes-lactapp-1984.