State v. Lewis

685 So. 2d 1130, 1996 WL 709183
CourtLouisiana Court of Appeal
DecidedDecember 11, 1996
Docket28973-KA
StatusPublished
Cited by18 cases

This text of 685 So. 2d 1130 (State v. Lewis) 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. Lewis, 685 So. 2d 1130, 1996 WL 709183 (La. Ct. App. 1996).

Opinion

685 So.2d 1130 (1996)

STATE of Louisiana, Appellee
v.
Adrian LEWIS, Appellant.

No. 28973-KA.

Court of Appeal of Louisiana, Second Circuit.

December 11, 1996.

Indigent Defender Board by Kurt J. Goins, New Orleans and Richard E. Hiller, Shreveport, for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Theresa H. Bloomfield,, Tommy J. Johnson, Assistant District Attorneys, for Appellee.

*1131 Before NORRIS, HIGHTOWER and STEWART, JJ.

STEWART, Judge.

Adrian Lewis appeals his conviction for Second Degree Murder, a violation of La. R.S. 14:30. A jury found Lewis guilty, and the trial court imposed the mandatory sentence of life without benefit of probation, parole or suspension of sentence. Lewis urges two assignments of error. For the following reasons, we affirm the conviction and sentence of Lewis.

FACTS

On February 11, 1995, between 7:15 and 7:30 p.m., neighbors of Anthony Jefferson, resident of apartment # 2902 in the Foxborough Cove Apartments in Shreveport, Louisiana, heard a loud noise which sounded like a struggle or fight coming from Jefferson's apartment. Witnesses then heard the door of the apartment open and Jefferson yell "Help, help me" or "Call the police, Call 911." Some witnesses also heard another voice say "No, you don't" or "Come back here" before the door of the apartment was slammed closed. At least three witnesses called 911.

Witnesses standing outside the complex directed officers, who responded to the 911 call, to Jefferson's apartment. When the four patrol officers arrived on the scene, two approached the front of the apartment and two went to the back of the building. When the officers reached the back of the apartment, they illuminated the glass door of the apartment with their flashlights and saw a black male, later identified as Adrian Lewis, attempt to open the door. At the same time, the officers who approached the front of the apartment noticed blood on the handrails, floor and walls outside of the apartment door. The officers entered through the unlocked door and discovered a black male, later identified as Anthony Jefferson, lying face down on the floor covered with blood, clad only in jeans which were pushed down past his buttocks. Those officers also observed Lewis attempting to exit the apartment through the back door. As Lewis tried to open the sliding glass door, an officer ordered Lewis to stop. Lewis then put his hands up, sat down in a chair near the door, and was apprehended by police officers. After securing the scene, the officers called detectives. The officer who searched Lewis at the scene found a black RCC beeper and a key ring with a key to a BMW.

At the police station, after being advised that he was under arrest for second degree murder, Lewis gave a voluntary statement admitting to hitting Jefferson in the head with a lamp. Lewis claimed he acted in self defense as Jefferson had tried to seduce him. Lewis did not present witnesses or testify during the trial.

DISCUSSION

Assignment of Error # 1:

The trial court erred in denying Lewis's Motion for a New Trial.

Assignment of Error # 2:

The trial court erred by denying Lewis's Motion for Post Verdict Judgment of Acquittal.

Lewis concurrently argues two assignments of error, essentially asserting that the state's evidence was insufficient to convict Lewis of second degree murder. Lewis alleges he killed Jefferson during the heat of a confrontation with Jefferson after being provoked by Jefferson's homosexual advances. Thus, he could only be convicted of manslaughter but not second degree murder.

The state contends that the evidence presented to the jury in this instance provided sufficient facts for the jury to find Lewis guilty of second degree murder.

La.C.Cr.P. art. 851(1) provides that the court shall grant a motion for new trial whenever the verdict is contrary to the law and the evidence, i.e., that the evidence was insufficient to sustain the conviction. A motion for new trial presents only the issue of the weight of the evidence. Under this article the trial judge has wide discretion to determine the weight of the evidence. The refusal to grant such a motion is not subject to appellate review, except for error of law. State v. Mitchell, 26,070 (La.App.2d Cir. 6/22/94), 639 So.2d 391, citing Tibbs v. Florida, *1132 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982); State v. Thomas, 609 So.2d 1078 (La.App. 2d Cir.1992), writ denied, 617 So.2d 905 (1993); State v. Robinson, 624 So.2d 1260 (La.App. 2d Cir.1993); State v. Korman, 439 So.2d 1099 (La.App. 1st Cir.1983). Lewis's argument is based on whether the evidence was sufficient to a support a conviction for second degree murder, an issue properly raised in the trial court by a motion for postverdict judgment of acquittal pursuant to La.C.Cr.P. art. 821. See also State v. Korman, supra.

Lewis did properly file a motion for postverdict judgment of acquittal. La.C.Cr.P. art. 821 provides that a motion for postverdict judgment of acquittal shall be granted only if the court finds that the evidence, viewed in a light most favorable to the state, does not reasonably permit a finding of guilt. This is a question of legal sufficiency. State v. Combs, 600 So.2d 751 (La.App. 2d Cir.), writ denied, 604 So.2d 973 (La.1992). La. C.Cr.P. art. 821 codifies the standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The trial court did not err in denying Lewis's motions as the evidence presented was sufficient to convict Lewis of second degree murder.

Under Jackson v. Virginia, supra, the proper standard of appellate review for a sufficiency of evidence claim 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. State v. Bellamy, 599 So.2d 326 (La. App. 2d Cir.), writ denied, 605 So.2d 1089 (1992).

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that Lewis was guilty of every essential element of the crime. State v. Sutton, 436 So.2d 471 (La.1983); State v. Lott, 535 So.2d 963 (La.App. 2d Cir.1988).

Where the trier of fact has made a rational determination, an appellate court should not disturb it. State v. Mussall, 523 So.2d 1305 (La.1988). Indeed, in the absence of internal contradiction or irreconcilable conflict with physical evidence, the testimony of one witness, if believed by the fact-trier, is sufficient support for the requisite factual conclusion (cites omitted). State v. Combs, 600 So.2d 751 (La.App. 2d Cir.1992).

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

Related

State v. Murray
161 So. 3d 918 (Louisiana Court of Appeal, 2015)
State v. Free
127 So. 3d 956 (Louisiana Court of Appeal, 2013)
State v. Thornton
111 So. 3d 1130 (Louisiana Court of Appeal, 2013)
State v. Tillman
104 So. 3d 480 (Louisiana Court of Appeal, 2012)
State v. Johnson
57 So. 3d 1087 (Louisiana Court of Appeal, 2011)
State v. Logan
34 So. 3d 528 (Louisiana Court of Appeal, 2010)
State v. Williams
32 So. 3d 902 (Louisiana Court of Appeal, 2010)
State v. Thomas
902 So. 2d 1166 (Louisiana Court of Appeal, 2005)
State v. Mitchell
889 So. 2d 1257 (Louisiana Court of Appeal, 2004)
State v. Fields
877 So. 2d 202 (Louisiana Court of Appeal, 2004)
State v. Spivey
874 So. 2d 352 (Louisiana Court of Appeal, 2004)
State v. Van Sales
867 So. 2d 849 (Louisiana Court of Appeal, 2004)
State v. Nelson
775 So. 2d 579 (Louisiana Court of Appeal, 2000)
State v. Robinson
754 So. 2d 311 (Louisiana Court of Appeal, 2000)
State v. Smith
740 So. 2d 675 (Louisiana Court of Appeal, 1999)
State v. Jordan
728 So. 2d 954 (Louisiana Court of Appeal, 1999)
State v. Scott
720 So. 2d 415 (Louisiana Court of Appeal, 1998)
State v. Arnold
706 So. 2d 578 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
685 So. 2d 1130, 1996 WL 709183, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lewis-lactapp-1996.