State v. Jones

45 So. 3d 1136, 2010 WL 3154568
Louisiana Court of Appeal·Decided August 11, 2010·No. No. 09-1453·Published·Cited by 6 cases

Opinion

COOKS, Judge.

| ¡Facts and Procedural History

In December of 2004, Defendant, James Jones and the victim were living together, when Defendant physically assaulted the victim over the course of three days. During that time, the victim was prevented from leaving their home and beaten, anally raped and stabbed in the chest and thigh. On the fourth day, after the victim’s health was in serious jeopardy, Defendant allowed the victim to seek medical care upon the assurance that he would not be implicated in harming the victim. The victim was then taken to the hospital by her neighbors where her injuries were treated both medically and surgically. She was admitted to the intensive care unit for several days during her recovery. '

Defendant was charged with attempted second degree murder, violations of La. R.S. 14:27 and 14:30.1, false imprisonment while armed with a dangerous weapon, a violation of La.R.S. 14:46.1, and with forcible rape, a violation of La.R.S. 14:42.1. Following a jury trial, Defendant was found guilty as charged on all three counts. Defendant was sentenced to serve thirty-five years at hard labor for attempted second degree murder, without benefit of probation, parole or suspension of sentence. For forcible rape, Defendant was sentenced to fifteen years at hard labor, five years without benefit of probation, parole or suspension of sentence, to run consecutively to his sentence for attempted second degree murder. Lastly, Defendant was sentenced to five years at hard labor for false imprisonment, to run concurrently with his sentence for forcible rape.

Defendant did not file a motion to reconsider sentence or file a timely motion for an appeal. Defendant eventually filed a pro se application for post-conviction relief, seeking an out-of-time appeal. The application was denied by the trial court. [¡¡Defendant sought review of the trial court’s ruling which was subsequently denied. Defendant then sought writs with the supreme court, and the case was remanded to the trial court for a hearing to determine if he was entitled to an out-of-time appeal. State ex rel. Jones v. State, 07-2339 (La.9/26/08), 992 So.2d 974.

Subsequently, Defendant was granted an out-of-time appeal. Defendant is now before this court on appeal, asserting that the evidence was not sufficient to convict him of attempted second degree murder. For the following reasons, we affirm Defendant’s conviction.

Assignment of Error

In his sole assignment of error, Defendant argues the State failed to establish all of the elements to prove he was guilty of attempted second degree murder.

The standard of review in a sufficiency of the evidence claim is “whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found proof beyond a reasonable doubt of each of the essential elements of the crime charged.” State v. Leger, 05-11, p. 91 (La.7/10/06), 936 So.2d 108, 170, cert. denied, 549 U.S. 1221, 127 S.Ct. 1279, 167 L.Ed.2d 100 (2007) (citing Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979)); State v. Captville, 448 So.2d 676 (La.1984). The essential elements of the crime of attempted second degree murder are a specific intent to kill the victim and the commission of an overt act that tends toward the accomplishment of the victim’s death. La.R.S. 14:30.1; State v. Hollingsworth, 42,317 (La.App. 2 Cir. 8/15/07), 962 So.2d 1183.

State v. George, 09-143, pp. 4-5 (La.App. 3 Cir. 10/7/09), 19 So.3d 614, 618.

Defendant contends although he cut the victim with a knife, the State did [1139]*1139not show that he possessed the specific intent to kill her or that the act tended toward the accomplishment of her death. As such, Defendant maintains his conviction for attempted second degree murder should be reduced to the responsive verdict of aggravated battery and the case be remanded to the trial court for resentenc-ing.

Specific intent is “that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.” La.R.S. |a14:10(l). The specific intent to kill is an essential element of the crime of attempted second degree murder. La. R.S. 14:27, 14:30.1; State v. Hongo, 96-2060 (La.12/2/97), 706 So.2d 419. The state does not have to prove specific criminal intent as a fact; it may be inferred. State v. Maxie, 93-2158 (La.4/10/95), 653 So.2d 526.

George, 19 So.3d at 619.

Defendant maintains the knife wound to the victim’s chest did not indicate he had the specific intent to kill as alleged by the State at trial. In support of his argument, Defendant focuses on the size of the wound, stressing that it was small. Defendant refers to the testimony of the treating physician who testified the wound was three-fourths of an inch wide and about one inch deep. Defendant contends the wound was not a “horrific” knife wound. Defendant also asserts the knife did not hit a vital organ, nor was he aiming at a vital organ. Instead, Defendant contends, an opening was created in the chest wall, causing a lung to collapse. As such, Defendant argues that an accidental puncture could create a potentially life-threatening injury, negating specific intent to kill.

The record, however, indicates the wound to the victim’s chest was both significant and life-threatening. Dr. John Gray, the victim’s treating physician in the emergency room, testified upon her arrival, the victim was going into shock from blood loss as a result of her chest wound. Dr. Gray stated the victim could have died if she had not sought treatment. The victim’s initial blood pressure was 60/40 mm Hg. When efforts to resuscitate the victim with intravenous fluids failed, the victim was given two units of blood. The victim’s initial chest x-ray indicated her left chest cavity was full of blood, causing the lung to collapse. Dr. Gray explained that the knife stabbing cut a blood vessel which bled into the chest cavity. The knife stab also penetrated the chest cavity resulting in a pressure change, which caused the lung to collapse.

|4Pr. Gray inserted a chest tube and about 500 cc of blood was initially drained from the chest cavity. A CAT scan, however, indicated that a significant amount of blood remained in the .left chest cavity. Because the blood in the chest had clotted and could not be drained via the chest tube, Dr. Gray consulted a surgeon who surgically removed the clotted blood. The victim was then transferred to the intensive care unit where she remained for five days.

Although the size of the wound was relatively small at three-fourths of an inch wide, the stabbing, nonetheless, nearly killed the victim as the result of blood loss and loss of lung function. A photograph of the wound reflects that the wound is in the center of the chest, just left of the sternum. The stab wound was deep enough to puncture the chest cavity and cut a blood vessel, resulting in a serious and life-threatening injury. Further, Dr. Gray testified it was very difficult to say exactly how far the weapon went into the victim’s body.

Considering the record at hand, we find Defendant’s contention that the victim’s [1140]*1140chest wound was not “horrific” is entirely a misstatement.

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Jones, 45 So. 3d 1136, 2010 WL 3154568 (La. Ct. App. 2010).

45 So. 3d 1136 (State v. Jones) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. King
124 So. 3d 623 (Louisiana Court of Appeal, 2013)
State of Louisiana v. William King, III
Louisiana Court of Appeal, 2013
State v. Law
110 So. 3d 1271 (Louisiana Court of Appeal, 2013)
State of Louisiana v. Demarcus W. Law
Louisiana Court of Appeal, 2013
State v. Runnels
101 So. 3d 1046 (Louisiana Court of Appeal, 2012)
State of Louisiana v. Donald Runnels
Louisiana Court of Appeal, 2012
State v. GT, JR.
71 So. 3d 394 (Louisiana Court of Appeal, 2011)
State of Louisiana v. G. T., Jr.
Louisiana Court of Appeal, 2011
State v. Papillion
63 So. 3d 414 (Louisiana Court of Appeal, 2011)
State of Louisiana v. Alex P. Papillion
Louisiana Court of Appeal, 2011