State v. Martin

895 So. 2d 55, 2005 WL 155471
CourtLouisiana Court of Appeal
DecidedJanuary 25, 2005
Docket04-KA-924
StatusPublished
Cited by7 cases

This text of 895 So. 2d 55 (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, 895 So. 2d 55, 2005 WL 155471 (La. Ct. App. 2005).

Opinion

895 So.2d 55 (2005)

STATE of Louisiana
v.
Herbert L. MARTIN, Jr.

No. 04-KA-924.

Court of Appeal of Louisiana, Fifth Circuit.

January 25, 2005.

*56 Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Shannan H. Huber, Assistant District Attorneys, Twenty-Fourth Judicial District, Parish of Jefferson, Gretna, LA, for Plaintiff/Appellee.

Jasper N. Pharr, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., SOL GOTHARD, and JAMES L. CANNELLA.

EDWARD A. DUFRESNE, JR., Chief Judge.

On December 11, 2002, the Jefferson Parish District Attorney filed a bill of information charging defendant, Herbert Martin, Jr., with four counts of simple arson causing damages in excess of five *57 hundred dollars, in violation of LSA-R.S. 14:52. On September 30, 2003, defendant proceeded to trial before a twelve person jury on counts one through three.[1] After considering the evidence presented, the jury found defendant guilty as charged on all three counts. Defendant thereafter filed a motion for new trial which was denied by the trial judge. Following this denial, the court, on October 22, 2003, sentenced defendant to five years imprisonment at hard labor on each count to run concurrently. Defendant now appeals.

FACTS

During the early morning hours of November 30, 2002, Jeremy Groetsch was standing outside his residence preparing to light a cigarette. He heard an explosion and observed a car burst into flames in the parking lot of the Sugar Mills Apartments located across the street from where he was standing. At trial, Groetsch testified that he saw a dark colored sports utility vehicle (SUV) parked next to the apartment complex. Although Groetsch did not see anyone get into the SUV, he saw the door slam and the vehicle being driven out of the parking lot. Groetsch immediately called 911 on his cell phone to report the incident. He described the vehicle as relatively new with tan trim around the wheels and no license plate. As Groetsch observed the police car coming down the street towards the apartment complex, he saw the SUV pull off in the opposite direction.

Officer Jennifer Sedgebeer of the Kenner Police Department was on patrol on the morning of November 30, 2002, when she received a description of a vehicle that had been involved in a crime. She was headed northbound on Williams Boulevard towards the apartment complex when she observed a vehicle that matched the description traveling southbound on Williams Boulevard. Officer Sedgebeer made a U-turn, pulled the car over, and proceeded to conduct a routine traffic stop while waiting for backup to arrive. Officer Linn arrived at the scene of the stop and approached defendant, whose door was open. Linn observed a gun in the driver's side door panel and seized it for safety reasons. Linn then detained defendant while Officer Sedgebeer went to the apartment complex to pick up Groetsch for a possible identification of the vehicle. Groetsch positively identified the vehicle as the one he had seen at the scene of the fire.

The officers subsequently conducted an inventory search of defendant's vehicle and found the SUV's license plate on the floorboard in the rear section of the vehicle and the screws to the license plate in the glove compartment.[2] The officers also found a power screwdriver, the key to one of the victim's vehicle,[3] and a gas can containing flammable liquid on the rear floorboard of the SUV.

Ikia Alexander, one of the victims, also testified at trial. Alexander testified that she had been in a three year relationship with defendant from 1999 to 2002. In November of 2002, she ended her relationship with defendant and took up residence at the Sugar Mill Apartments. Alexander testified that defendant was upset about the breakup, and that he contacted her *58 constantly by e-mail or telephone. He threatened that there would be a funeral unless she broke up with her new boyfriend and returned to him. Defendant sent Alexander an e-mail saying that he could not live without her, and that he was going to kill himself.

Alexander testified that on the night of November 29, 2002, she attended her mother's wedding ceremony. Defendant telephoned Alexander beforehand to tell her that if she did not call him after the wedding, something was going to happen. When Alexander left home on the night of November 29, she used a borrowed car because days earlier, someone had let the air out of the tires of her car, a 1999 Mercury Cougar. In the early morning hours of November 30, 2002, Alexander received a call from her mother, who informed her that her car, which was in the parking lot of the Sugar Mill Apartments, was on fire. By the time she arrived at her apartment complex, the fire had been extinguished. She testified that she did not give anyone permission to set fire to her car.

Two cars parked next to Alexander's car were damaged by the fire. Jon Reinerth testified that he owned a Chevrolet Corsica automobile. On November 30, 2002, it was parked in the parking lot at the Sugar Mill Apartments in Kenner. At 3:30 a.m., a police officer and a firefighter knocked on his door to let him know his car had been involved in a fire. By that time, the fire had been extinguished. He testified that he did not give anyone permission to burn his car. Robin Paul testified that she owned a Ford Mustang automobile. On the morning of November 30, 2002, it was parked in the lot of the Sugar Mill Apartments, where she lived. She heard a bang, and she looked out of her window to see her car was on fire. She also testified that she did not give anyone permission to set her car on fire.

ASSIGNMENT OF ERROR NUMBER ONE

In his first assignment of error, defendant challenges the sufficiency of the evidence used to convict him. He argues that the state provided only circumstantial evidence in its attempt to link him to the crimes, and that the evidence did not exclude every reasonable hypothesis of innocence.

The constitutional standard for testing the sufficiency of the evidence, as enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), requires that a conviction be based on proof sufficient for any rational trier of fact, viewing the evidence in the light most favorable to the prosecution, to find the essential elements of the crime beyond a reasonable doubt. State v. Juluke, 98-0341 (La.1/8/99), 725 So.2d 1291; State v. Williams, 99-223 (La.App. 5 Cir. 6/30/99), 742 So.2d 604, 607. When circumstantial evidence forms the basis of a conviction, such evidence must consist of proof of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience. State v. Williams, 742 So.2d at 608.

When circumstantial evidence is used to prove a case, the trial judge must instruct the jury that, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." LSA-R.S. 15:438. This statutory test works with the Jackson constitutional sufficiency test to evaluate whether all evidence, direct or circumstantial, is sufficient to prove guilt beyond a reasonable doubt to a rational jury. State v. Neal, 00-0674 (La.6/29/01), 796 So.2d 649, 657, cert. denied, *59

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Bluebook (online)
895 So. 2d 55, 2005 WL 155471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-lactapp-2005.