State v. Interest of WTB

771 So. 2d 807, 2000 WL 1550822
CourtLouisiana Court of Appeal
DecidedOctober 20, 2000
Docket34,269-JAC
StatusPublished
Cited by9 cases

This text of 771 So. 2d 807 (State v. Interest of WTB) 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. Interest of WTB, 771 So. 2d 807, 2000 WL 1550822 (La. Ct. App. 2000).

Opinion

771 So.2d 807 (2000)

STATE of Louisiana, Plaintiff-Appellee,
v.
In the INTEREST OF W.T.B., Defendant-Appellant.

No. 34,269-JAC.

Court of Appeal of Louisiana, Second Circuit.

October 20, 2000.

*809 Bridgett E. Brown, Alexandria, W. Fred Smith, Winnfield, Counsel for Appellant.

Richard P. Ieyoub, Attorney General, Terry R. Reeves, District Attorney, James E. Lewis, Martin S. Sanders, III, Assistant District Attorneys, Counsel for Appellee.

Before WILLIAMS, PEATROSS and DREW, JJ.

WILLIAMS, Judge.

The juvenile, W.T.B. (DOB 1/18/83), was adjudicated delinquent based upon his conspiracy to commit simple arson, violations of La.Ch.C. art. 884, LSA-R.S. 14:52 and 14:26. Following his adjudication, the defendant was ordered committed to the custody of the Department of Public Safety and Corrections for a period of one year. On appeal, W.T.B. contends the juvenile court failed to weigh certain evidence and the evidence was insufficient to sustain a finding of guilt beyond a reasonable doubt. For the following reasons, we affirm.

FACTS

On December 13, 1998, a fire partially destroyed Dodson High School in Dodson, Louisiana, resulting in damages totaling 1.2 million dollars. Three youths, T.M.,[1] E.K.,[2] and the defendant, W.T.B., were arrested in connection with the crime.

*810 Earlier, on the day of the fire, W.T.B.'s family was having a barbeque at his mother's home located adjacent to Dodson High School. W.T.B., T.M., E.K. and members of W.T.B.'s family were present at the barbeque. During the course of the day, W.T.B., T.M. and E.K. discussed a plan to burn Dodson High School and eventually went to the school armed with gasoline and a hoe and set fire to the school.

W.T.B. testified that he never took part in a discussion to burn the school and he did not accompany the other two youths to the school to burn it. However, T.M.'s testimony contradicts W.T.B.'s claim. T.M. testified that E.K. initiated a conversation between the three youths concerning "burning down" the school and suggested that they go to the side of the building, break a window and ignite a fire using gasoline. T.M. further testified that, although he and W.T.B. were reluctant, all three boys went to the school. They were armed with gasoline that E.K. had retrieved from his home and a hoe that T.M. had taken from W.T.B.'s mother's home. T.M. testified that they went to room # 7 where he broke the window using the hoe. The loud noise from the glass breaking prompted the boys to turn and run. T.M. testified that as he turned to run, he saw W.T.B. running ahead of him. T.M. further testified that after running only a short distance, he and E.K. returned and set the fire. T.M. stated that W.T.B. did not return to the scene. According to T.M., after they successfully set the fire, he went back to W.T.B.'s house. T.M. found W.T.B. already there, and E.K. came back some time later.

The day after the fire, Glen Fontenot, a field supervisor for the State Fire Marshal's Office, conducted a preliminary investigation. He opined that the fire was caused by arson started by a flammable liquid accelerant placed in the area of origin, i.e., room # 7.

Coregis Insurance Company, the school's insurer, contacted LEED Corporation requesting an evaluation of the electrical system at the school. Vernon J. Wade, project engineer with LEED, investigated the scene on December 24, 1998. Based upon the area of origin as placed in an earlier investigation by Gary Brooks of Crawford Investigation Services, Wade examined the electrical system and appliances. Wade concluded that the cause of the fire was "most likely due to an electrical fault in the attic above the classroom." The parties stipulated to the introduction of this report into evidence.

At the conclusion of the presentation of evidence at the adjudication hearing, the juvenile court found that the state had met its burden of proving that W.T.B. conspired to commit simple arson. Accordingly, the juvenile court adjudicated W.T.B. a delinquent. W.T.B. now appeals.

DISCUSSION

Assignment of Error # 2

By his second assignment of error, W.T.B. contends the evidence presented by the prosecution was insufficient to prove his guilt beyond a reasonable doubt.

The record does not reflect that the juvenile filed a motion for post-verdict judgment of acquittal pursuant to LSA-C.Cr.P. art. 821. Nevertheless, this court will consider sufficiency arguments in the absence of such a motion. State v. Green, 28,994 (La.App.2d Cir.2/26/97), 691 So.2d 1273.

When issues are raised on appeal both as to the sufficiency of the evidence and as to one or more trial errors, the reviewing court should first determine the sufficiency of the evidence. The reason for reviewing sufficiency first is that the accused may be entitled to an acquittal if a rational trier of fact, viewing the evidence in the light most favorable to the prosecution, could not reasonably conclude that all of the elements of the offense have been proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); Hudson v. *811 Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981); State v. Hearold, 603 So.2d 731 (La.1992); 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.

On appeal, the standard of review for the sufficiency of evidence, as enunciated in Jackson v. Virginia, supra, i.e., whether viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found that the state proved the essential elements of the crime beyond a reasonable doubt, is applicable to juvenile delinquency cases. La.Ch.C. art. 883; State in Interest of J.W., 597 So.2d 1056 (La.App. 2d Cir.1992); State in Interest of R.E.B., 26,468 (La. App.2d Cir.9/21/94), 643 So.2d 287.

Further, in a juvenile delinquency proceeding, an appellate court is constitutionally mandated to review the law and facts. LSA-Const. art. 5, § 10(B). Accordingly, under the civil law standard of appellate review, Rosell v. ESCO, 549 So.2d 840 (La.1989), an appellate court must review the record to determine whether the juvenile court was clearly wrong or manifestly erroneous in its factual findings. State in Interest of J.W., supra; State in Interest of R.E.B., supra.

LSA-R.S. 14:52 defines simple arson as "the intentional damaging by explosive substance or the setting fire to any property of another, without the consent of the owner." LSA-R.S. 14:26 defines criminal conspiracy as:

The agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.

W.T.B. presents four arguments to support his sufficiency-of-the-evidence assignment of error. The juvenile initially argues that the state failed to prove that he had a motive to commit or conspire to commit arson.

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Bluebook (online)
771 So. 2d 807, 2000 WL 1550822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-interest-of-wtb-lactapp-2000.