State v. Martin

679 So. 2d 557, 1996 WL 474185
CourtLouisiana Court of Appeal
DecidedAugust 21, 1996
Docket28489-KA
StatusPublished
Cited by10 cases

This text of 679 So. 2d 557 (State v. Martin) 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. Martin, 679 So. 2d 557, 1996 WL 474185 (La. Ct. App. 1996).

Opinion

679 So.2d 557 (1996)

STATE of Louisiana, Appellee,
v.
Tony B. MARTIN, Appellant.

No. 28489-KA.

Court of Appeal of Louisiana, Second Circuit.

August 21, 1996.

*559 Wilson Rambo, for Appellant.

Richard P. Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Douglas Haynes, II, Assistant District Attorney, for Appellee.

Before MARVIN, BROWN and WILLIAMS, JJ.

WILLIAMS, Judge.

The defendant, Tony B. Martin, was charged by bill of information with one count of simple burglary of an inhabited dwelling, a violation of LSA-R.S. 14:62.2. After a trial, the defendant was convicted as charged. The trial court sentenced the defendant to serve nine years at hard labor, but vacated that sentence after defendant's adjudication as a fourth felony offender. Pursuant to LSA-R.S. 15:529.1, the trial court imposed a sentence of 25 years at hard labor, to be served without benefit of probation or suspension of sentence. The defendant appeals his conviction and sentence. For the following reasons, we affirm.

FACTS

On March 19, 1994, at approximately 4:30 a.m., Emma Tarver was watching television in the home of her brother, Leon Horne, who had been incarcerated. The doorbell began to ring repeatedly and she asked who was at the door. She did not receive a response and assumed that some children were playing a joke. Ms. Tarver then heard glass breaking in the kitchen and called 911. While on the phone, she heard a thud, which sounded as if a person had landed on the floor. Ms. Tarver told the 911 operator that someone was in the house, dropped the phone and ran to the bedroom where her daughter and grandchildren were sleeping.

Ouachita Parish Deputies Bubba Roy, John Heard and Bill Berry were dispatched to investigate the possible burglary at 24 Channey Drive in Monroe. After arriving at the house, Deputy Berry went to the rear of the residence, while Deputies Roy and Heard approached the front from opposite sides of the carport. Deputy Heard testified that he saw the defendant looking out the window of the carport door and then go back into the house. The defendant suddenly ran outside through the carport door holding two purses and was apprehended. Deputy Roy testified that he advised the defendant of his Miranda rights during the arrest. Deputy Berry stated that he advised the defendant of his Miranda rights after he was placed in the patrol car. According to the deputies, the defendant admitted that he broke into the *560 house because he had heard that the owner was in jail and did not think anyone was in the residence.

After a trial, the defendant was found guilty of simple burglary of an inhabited dwelling. Subsequently, he was adjudicated an habitual offender and sentenced to serve 25 years at hard labor without benefit of probation or suspension of sentence. The trial court denied the defendant's motion for reconsideration of sentence. The defendant appeals.

DISCUSSION

Sufficiency of the Evidence:

A. At Trial

The defendant argues the evidence at trial was insufficient to convict him of simple burglary of an inhabited dwelling. He contends the state failed to prove unauthorized entry because the homeowner did not testify.

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. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Washington, 606 So.2d 838 (La.App.2d Cir.1992), writ denied, 612 So.2d 56 (La.1993). In order to convict an accused of simple burglary of an inhabited dwelling, the state must prove that there was an unauthorized entry, the structure was inhabited at the time of entry, and the defendant intended, at the time of entry, to commit a felony or theft. LSA-R.S. 14:62.2 To satisfy the unauthorized entry element, the state must show that the defendant did not have permission to enter the house. State v. Black, 627 So.2d 741 (La.App.2d Cir.1993).

In the present case, Emma Tarver testified that she was residing in the house at 24 Channey Drive at the request of the owner, Leon Horne, who had been incarcerated. Ms. Tarver stated that she had control and custody of the house and had not given the defendant permission to enter the premises or to take the purses. The trial court found the possibility that Horne had given defendant permission to enter the house was sheer speculation which did not rise to the level of reasonable doubt. Thus, the state satisfied the unauthorized entry element of the offense. When viewed in the light most favorable to the prosecution, there is sufficient evidence for a reasonable fact finder to convict the defendant of simple burglary of an inhabited dwelling. This assignment of error lacks merit.

B. Habitual Offender Hearing

The defendant also argues the evidence was insufficient to support an habitual offender adjudication and thus the trial court erred in denying his motions for directed verdict. Defendant contends the penitentiary packets which the state introduced as proof of prior convictions were incomplete and not properly certified by the warden or other chief officer of a state prison.

LSA-R.S. 15:529.1 provides for increased punishment for second and subsequent offenders upon proof of an accused's prior felony conviction and of his identity as the perpetrator. The state has the burden of proof on any issue of fact when an accused denies the allegation of the information, refuses to answer or remains silent. State v. Curtis, 338 So.2d 662 (La.1976); State v. Young, 27,237 (La.App.2d Cir. 8/23/95), 660 So.2d 548. Prima facie proof of a prior felony conviction may be established through certain documents, including the certificates of the warden or other chief officer of any state prison or penitentiary, containing the name of the person imprisoned, the photograph and fingerprints of the person, a statement of the court of conviction, the date and time of sentence, the length of time imprisoned and date of discharge from prison or penitentiary. LSA-R.S. 15:529.1F. This statute is not the exclusive method of proving prior felony convictions, and any other competent evidence may be used to establish such proof. State v. Young, supra.

A copy of a penitentiary packet certified by the officer with legal custody of the documents has been held to comply with R.S. 15:529.1F. State v. Lozier, 375 So.2d 1333 *561 (La.1979); State v. Hunt, 573 So.2d 585 (La. App.2d Cir.1991). In Hunt, this court found that a penitentiary packet certified by the "Records Custodian" of the Louisiana Department of Corrections was sufficient to satisfy the requirements of R.S. 15:529.1F. Similarly, in the present case, the penitentiary packet for each of defendant's prior convictions was certified by the custodian of records at each facility.

Defendant argues the penitentiary packets did not contain all of the information required under Sec. 529.1F and were not admissible at the habitual offender hearing. He also contends that the prosecution failed to adequately establish his identity as the individual previously convicted as charged in the habitual offender bill of information.

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Cite This Page — Counsel Stack

Bluebook (online)
679 So. 2d 557, 1996 WL 474185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-lactapp-1996.