State v. Jones

999 So. 2d 239, 8 La.App. 3 Cir. 687, 2008 La. App. LEXIS 1644, 2008 WL 5160296
Louisiana Court of Appeal·Decided December 10, 2008·No. No. KA 2008-687·Published·Cited by 2 cases

Opinion

EZELL, Judge.

| defendant, Clyde Milton Jones, was indicted on February 16, 2006, for second degree murder. On January 15, 2008, the State filed “Notice of Intent to Use Evidence of Other Crimes.” A hearing was held on January 23, 2008, wherein the trial court heard arguments as to whether it should admit the other crimes evidence. Trial commenced on February 27, 2008, and continued until March 5, 2008. Defendant was found guilty as charged.

Defendant filed a “Motion [for] Judgment of Acquittal” and a “Motion for New Trial” on March 12, 2008. The motions were heard on the same date and denied. After waiving the time delay as required by La.Code Crim.P. art. 873, Defendant was sentenced to life imprisonment.

Defendant has perfected a timely appeal. He asserts as assignments of error: 1) The evidence as a whole was insufficient to support a conviction for second degree murder; 2) The trial court erred in allowing Detective Gregory Kellogg to testify repeatedly as to hearsay evidence over defense counsel’s objections; 3) The trial coui't erred in allowing the introduction of testimony regarding other crimes evidence (Prieur); and 4) The trial court erred in refusing to allow defense counsel to elicit detailed testimony regarding other suspects in the investigation, namely Chad Eaton.

For the following reasons, Defendant’s conviction of second degree murder is affirmed.

FACTS

Defendant and two cohorts, Michael Rogers and Jerrod Furlough, began a crime spree in Houston, Texas on or about June 4, 2003. While continuously smoking marijuana and ingesting PCP and Xanax, the three robbed several persons using a gun over the next three days. The crime spree ended in Lake Charles, ^following the robbery and shooting of the Victim, Gregory Fontenot, in the early morning hours of June 7, 2003. The Victim died as a result of the gunshot wounds.

ASSIGNMENT OF ERROR NUMBER ONE

Defendant argues that the evidence was insufficient to sustain the verdict of guilty of second degree murder. He contends that there was no physical evidence placing him at the crime scene and that the testimonies of his co-perpetrators, both of whom testified it was Defendant who robbed and shot the victim, were self-serving, inconsistent, and contradictory.

With regards to insufficient evidence, this court has stated:

When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559, (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La.1981). The role of the factfinder is to weigh the respective credibility of each witness. Therefore, the appellate court should not second guess the credibility determinations of the factfinder beyond the sufficiency evaluations under the Jackson standard of review. See State ex rel. Graffagnino, 436 So.2d 559, citing [243]*243State v. Richardson, 425 So.2d 1228 (La.1983).

State v. Miller, 98-1873, p. 5 (La.App. 3 Cir. 10/13/99), 746 So.2d 118, 120, writ denied, 99-3259 (La.5/5/00), 761 So.2d 541.

Second degree murder, in applicable part, is defined as the “killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2)(a) When the offender is engaged in the perpetration or attempted perpetration of .... armed robbery” La. R.S. 14:30.1.

Three witnesses, Troy Martin, Kenneth Bordelon, and Richard Land, whose homes bordered Prejean Park, formerly known as Brentwood Park, in Lake Charles, testified at trial. Mr. Martin testified that at approximately 7:00 on the morning of |¾June 7, 2003, he saw a black Isuzu Rodeo with Texas plates drive rapidly out of the park. He stated there were three black males in the vehicle. He testified that the driver was light-skinned and wearing a blue baseball cap turned backwards. He did not see the individual in the courtroom. Kenneth Bordelon was in his back yard on the morning of June 7. He testified that at approximately 6:45 a.m., he heard three gunshots. He looked over his back yard fence and saw a black Isuzu Rodeo driving out of the park. Richard Land testified that he was taking an early morning run on the track in Prejean Park when he noticed a young, black male lying in the grass. He determined the man was dead and called the authorities. Prior to seeing the body, he saw an SUV driving out of the park. He saw no other people or vehicles in the park.

It was soon discovered that the deceased was Gregory Fontenot. Delisa Malveaux, the Victim’s sister, testified that she last saw the Victim at 5:30 a.m. on June 7, 2003. She stated that he had borrowed her car the night before and was returning the vehicle. He asked if he could keep the car longer to go and visit his girlfriend who lived at the Johnson Hall apartments. However, Malveaux said no and reclaimed the car keys. She stated that the prior evening she, her husband Darrell Mal-veaux, and the Victim had gone to the mall where the Victim purchased a pair of black tennis shoes of the brand, “Fila.” She testified that when she saw her brother that morning, he was wearing the black Filas, a gold chain and medallion, a gold Seiko watch, and a blue baseball cap that he always wore backwards. At trial, she identified a gold Seiko watch, a pah- of black Filas, and a blue baseball cap as being very similar to the items the victim wore the last time she saw him.

Gregory C. Kellogg, a detective with the Calcasieu Parish Sheriffs Office, Violent Crimes Investigation Unit, testified that he was called early June 7 regarding a shooting in Prejean Park. Detective Kellogg was the lead investigator in the case. |4When he arrived at the scene, he found a young, black male, who had been shot twice, once in the chest and once in the head. A bullet was located on the ground under the man’s head. He stated that the man wore only white socks on his feet. His shoes were not located. The police were able to identify the man by a tattoo on his neck. The Victim had been in the Calcasieu Correctional Center at one time, and they had a picture of the tattoo on file. Detective Kellogg stated that after they canvassed the neighborhood and spoke with Land, Martin, and Bordelon, and because of the information given to him, he put out a “be on the look out” for a black Isuzu Rodeo. He said that he then spoke with the Victim’s parents, Patrick and Sheila Harrison, and they directed the detective to the Victim’s sister, Delisa Mal-veaux, who had advised him what the Victim was wearing when she last saw him.

[244]*244The detective testified that Defendant was wearing a pair of new, black Filas and a gold Seiko watch when he was arrested in Houston five days later. Defendant had told the detective that he had sold the medallion to someone.

The black Isuzu Rodeo was discovered the next day parked at an abandoned house in Lake Charles. Detective Kellogg stated that the VIN number on the vehicle did not match the license plate number, and it was also determined that the Isuzu had been carjacked in Houston a few days earlier.

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State v. Jones, 999 So. 2d 239, 8 La.App. 3 Cir. 687, 2008 La. App. LEXIS 1644, 2008 WL 5160296 (La. Ct. App. 2008).

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