State v. Lee

996 So. 2d 1217, 2008 WL 4791682
Louisiana Court of Appeal·Decided November 5, 2008·No. 2008-0456·Published·Cited by 6 cases

Opinion

996 So.2d 1217 (2008)

STATE of Louisiana
v.
Scott LEE.

No. 2008-0456.

Court of Appeal of Louisiana, Third Circuit.

November 5, 2008.

*1218 Earl B. Taylor, District Attorney, Twenty-Seventh Judicial District, Opelousas, LA, for Appellee, State of Louisiana.

Edward K. Bauman, Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant, Scott Lee.

Court composed of JIMMIE C. PETERS, ELIZABETH A. PICKETT, and J. DAVID PAINTER, Judges.

PETERS, J.

The State of Louisiana charged the defendant, Scott Lee, with the offense of aggravated second degree battery, a violation of La.R.S. 14:34.7. After a jury found him guilty of the offense, the trial court sentenced him to serve six years at hard labor and ordered that he make restitution to the victim of the offense in the amount of $9,387.79. After the trial court rejected his oral motion for reconsideration of his sentence, the defendant perfected this appeal, asserting three assignments of error. For the following reasons, we affirm the *1219 defendant's conviction and sentence in all respects.

Assignment of Error Number One

The charge against the defendant arises from a December 12, 2006 incident wherein he physically attacked his girlfriend, Gwendolyn Gautreaux. The attack resulted in Ms. Guatreaux's hospitalization for a period of two weeks, and the state asserts that he committed it with a dangerous weapon, to wit, a heavy-duty flashlight. In his first assignment of error, the defendant asserts that the evidence was not sufficient to convict him of the offence charged.

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). It is the role of the fact finder to weigh the respective credibility of the witness. Therefore, the appellate court should not second-guess the credibility determination of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See King, 436 So.2d 559, citing State v. Richardson, 425 So.2d 1228 (La.1983).

State v. Lambert, 97-64, pp. 4-5 (La.App. 3 Cir. 9/30/98), 720 So.2d 724, 726-27.

As applied to the litigation now before us, La.R.S. 14:33 defines battery, as "the intentional use of force or violence upon the person of another." Louisiana Revised Statutes 14:34.7(A)(1) defines aggravated second degree battery as "a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury." Additionally, La.R.S. 14:34.7(A)(2) provides that "serious bodily injury" is defined as any "bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss of impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death."

In asserting this assignment of error, the defendant argues that there exists reasonable doubt as to whether he even struck Ms. Gautreaux. Furthermore, he argues that even assuming the evidence establishes that he struck Ms. Gautreaux, at best he is guilty of the offense of simple battery. He bases the first argument on Ms. Gautreaux's credibility and his second on the fact that no weapon was introduced at trial.

Ms. Gautreaux testified that she had been living with the defendant at Melville, Louisiana, for approximately three months before December 12, 2006. She acknowledged that on the evening of December 12, she and the defendant had been ingesting Xanax and smoking crack cocaine. According to Ms. Gautreaux, when they ran out of cocaine, the defendant gave her $40.00 and sent her to a local dealer to purchase more. Ms. Gautreaux testified that she was delayed at the dealer's home and, when she did not return home as expected, the defendant went to the dealer's home, stood outside, and yelled for her to come out. According to Ms. Gautreaux, she left the dealer's house, and as she and the defendant walked toward to his house, he began punching her in the stomach. She testified that the punches were landed with such force that she began to vomit and passed out. The next thing she remembered was waking up in the hospital a few days later. She remained in the hospital intensive care unit for two weeks. *1220 While she could not testify that the defendant struck her with anything other than his fists, Ms. Gautreaux did testify that the defendant had a "police-type," heavy-duty flashlight at his home. She described it as being camouflage in color and eighteen to twenty-four inches long.

Dr. Gregory Allain treated Ms. Gautreaux for her injuries at the Opelousas General Hospital. According to Dr. Allain, Ms. Gautreaux's injuries were life threatening, primarily because she suffered renal failure from the trauma and had to be placed on dialysis. He testified that although he could not state with any medical certainty that the bruises on the patient's body were consistent with being beaten with a metal flashlight, they did appear to have been inflicted by a long object. Furthermore, he did testify with medical certainty that her injuries had been inflicted by something greater than a fist.

Ms. Gautreaux did not receive medical attention until the afternoon of December 13, when her aunt, Debra Ann Sanders, came to the defendant's home and discovered Ms. Gautreaux on the bedroom floor, severely beaten and in a semi-conscious state. According to Ms. Saunders, the defendant telephoned her that morning and informed her that Ms. Gautreaux had not come home the night before. When she left work at approximately 1:30 that afternoon, she stopped by the defendant's house and found her niece. Ms. Saunders testified that she asked her niece who inflicted her injuries, and Ms. Gautreaux replied that the defendant "beat me." Ms. Saunders then ran down the street to the home of her sister, Janice Savant, to seek help.

After being informed of Ms. Gautreaux's condition, Ms. Savant ran to the defendant's house and found Ms. Gautreaux on the bedroom floor, naked and beaten. When questioned by Ms. Savant, Ms. Gautreaux also informed her that the defendant had attacked her. According to Ms. Savant, clumps of Ms. Gautreaux's hair were strung from the front room of the defendant's home in a trail to the bedroom. While looking around the front room for Ms. Gautreaux's driver's license, she observed a camouflage colored flashlight on the floor next to a bloody sock.

John Allen Brown testified that the defendant telephoned him at approximately 9:30 on the morning of December 13, 2006, and asked for a ride to the defendant's mother's house in Krotz Springs, Louisiana. He picked the defendant up at his house and drove him to Krotz Springs as requested. During the trip, the defendant informed him that he had beaten Ms. Gautreaux with a flashlight and that she was still in his home. He testified that when he returned to Melville that afternoon, he stopped by the defendant's house to check on Ms. Gautreaux. By the time he arrived there, the Melville police were already on the scene. After Melville Chief of

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State v. Lee, 996 So. 2d 1217, 2008 WL 4791682 (La. Ct. App. 2008).

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