State v. Holstead

354 So. 2d 493
CourtSupreme Court of Louisiana
DecidedDecember 27, 1977
Docket59474
StatusPublished
Cited by71 cases

This text of 354 So. 2d 493 (State v. Holstead) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Holstead, 354 So. 2d 493 (La. 1977).

Opinion

354 So.2d 493 (1977)

STATE of Louisiana
v.
Charles HOLSTEAD.

No. 59474.

Supreme Court of Louisiana.

December 27, 1977.

*494 John S. C. Massey, West Monroe, for defendant-appellant.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Johnny C. Parkerson, Dist. Atty., John R. Harrison, Asst. Dist. Atty., for plaintiff-appellee.

CALOGERO, Justice.

Charles Holstead was charged by bill of information with seven counts of indecent behavior with juveniles in violation of La.R.S. 14:81. After trial before a judge, defendant was found guilty as charged on all seven counts and was sentenced to pay a fine of two hundred dollars on each count, in default of which he was to serve forty days imprisonment on each count, plus court costs as to count one.

Because the total of the sentences imposed on the accused exceeds five hundred dollars (and in event of default, exceeds six months), defendant has a right of appeal. La.Const. art. V, § 5(D); State v. McCarroll, 337 So.2d 475 (La.1976). On appeal, defendant relies upon seven assignments of error for reversal of his convictions and sentences.

ASSIGNMENT OF ERROR NO. 1

Defendant contends that the trial judge erred in denying his motion for a severance in which he alleged that he could not obtain a fair trial if tried simultaneously on the seven counts contained in the bill of information. In that motion he alleged that the *495 fact that he was accused of seven lewd acts with seven young girls would create an atmosphere in which he would be found guilty of all charges because of the abhorrent nature of the crimes involved and the difficulty on the part of the trier of fact of keeping separate the evidence of seven distinct crimes.

When a criminal defendant has been charged in a single indictment with multiple offenses pursuant to Code of Criminal Procedure Article 493, he may, should he wish to have those consolidated charges tried separately, move for a severance under Article 495.1. That article provides in full that:

"The court, on application of the prosecuting attorney, or on application of the defendant shall grant a severance of offenses whenever:
(a) if before trial, it is deemed appropriate to promote a fair determination of the defendant's guilt or innocence of each offense; or
(b) if during the trial upon consent of the defendant, it is deemed necessary to achieve a fair determination of the defendant's guilt or innocence of each offense. The Court shall consider whether, in view of the number of offenses charged and the complexity of the evidence to be offered, the trier of fact will be able to distinguish the evidence and apply the law intelligently as to each offense."

Because we now consider this article in relation to a pretrial motion for severance, it is the standard of section (a) which applies: namely, whether severance is "deemed appropriate to promote a fair determination of the defendant's guilt or innocence of each offense." C.Cr.P. art. 495.1(a). In such a situation, we have held that one of the critical questions to be determined by the trial judge presented with a severance motion is "whether, in view of the number of offenses charged and the complexity of the evidence . . . offered, the trier of fact (could) distinguish the evidence and apply the law intelligently as to each offense." C.Cr.P. art. 495.1; State v. Proctor, 354 So.2d 488 (La.1977). A second issue to be decided in a case such as this one is whether the offenses joined because they are of the "same or similar character" under Article 493 (as opposed to "same transaction" or "common plan" joinder), are admissible as similar acts under R.S. 15:445 and 446. State v. Carter, 352 So.2d 607 (La.1977). We will consider these issues seriatim.

In relation to the first question, when a defendant claims that the number and complexity of the charges against him should cause the trial judge to grant him a severance of the offenses for separate trials, we have said that an appellate court evaluating the judge's denial of defendant's motion will examine the case for these problems:

"the jury may become confused in trying to apply the applicable law and evidence to the correct offense; that the jury may consider that a person charged with doing so many things is a bad man who must have done something, a feeling that might lead to a cumulation of the evidence; that the judge might find it difficult to adequately charge a jury as to the law with respect to each offense; that the prosecutor may find it troublesome to present his evidence in a compartmentalized and understandable manner; and that a defendant may be confounded or embarrassed in his defense because of the sheer number or complexity of the charges against him. See: United States v. Catena, 500 F.2d 1319 (3rd Cir. 1974); United States v. Clayton, 450 F.2d 16 (1st Cir. 1971); Daly v. United States, 119 U.S.App.D.C. 353, 342 F.2d 932 (1964); Drew v. United States, 118 U.S.App.D.C. 11, 331 F.2d 85 (1964); United States v. Quinn, 365 F.2d 256 (7th Cir. 1966); United States v. Lotsch, 102 F.2d 35 (2nd Cir. 1939); United States v. Moreton, 25 F.R.D. 262 (W.D.N.Y.1960); Wright, 1 Federal Practice and Procedure § 222, p. 435; 8 Moore's Federal Practice §§ 8.05[2], 14:03. Moreover, there is no doubt that the greater the number of offenses charged and the degree of their complexity, the greater the likelihood of the occurrence of any or all of these *496 dangers. 8 Moore's Federal Practice § 8.02[1]." State v. Proctor, supra at 491.

In the case now before us, defendant Holstead was charged with committing on separate occasions lewd and lascivious acts with seven young girls. The evidence in the case consisted primarily of the testimony of the seven victims who each described a number of occurrences which were simple, clear and largely identical in nature. The offense proscribed by R.S. 14:81 and with which defendant was charged is a fairly simple one which has only a few elements. See State v. Edwards, 283 So.2d 231 (La.1973). And since all charges were for a violation of the same statute, there should have been no confusion in the application of the law to the various incidents. Under these circumstances and irrespective of the fact that seven offenses might normally be viewed as too large a number for one trial, we find that the simplicity of the violations and non-complex nature of the evidence rendered the case appropriate for trial in a joined situation. We therefore find in this case that the trier of fact could compartmentalize the evidence and apply the law intelligently as to each offense, and that defendant was not unfairly convicted on the basis of prejudice or confusion instead of on the evidence of his crimes. C.Cr.P. art. 495.1; State v. Proctor, supra.

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354 So. 2d 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-holstead-la-1977.