State v. Martin

243 So. 3d 56
CourtLouisiana Court of Appeal
DecidedFebruary 27, 2018
Docket2017 KA 1100
StatusPublished
Cited by8 cases

This text of 243 So. 3d 56 (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, 243 So. 3d 56 (La. Ct. App. 2018).

Opinion

PENZATO, J.

*59The defendant, Brandon R. Martin, was charged by felony bill of information with three counts of aggravated assault with a firearm, violations of La. R.S. 14:37.4 (counts one, two, and three); and possession of a firearm by a person convicted of certain felonies, a violation of La. R.S. 14:95.1 (prior to revision by 2017 La. Acts No. 281, § 1) (count four).1 He entered a plea of not guilty and, following a jury trial, was found guilty as charged on counts one, three, and four, and guilty of attempted aggravated assault with a firearm on count two. He filed motions for new trial and postverdict judgment of acquittal, both of which were denied. The district court sentenced the defendant to ten years at hard labor on count one, five years at hard labor on count two, ten years at hard labor on count three, and ten years at hard labor without the benefit of probation, parole, or suspension of sentence on count four.2 The district court further ordered all of the sentences to run concurrently. The State subsequently filed a habitual offender bill of information. After a hearing, the defendant was adjudicated a second-felony habitual offender as to count four.3 The court then sentenced the defendant to forty years at hard labor without the benefit of probation or suspension of sentence.4 The defendant now appeals, alleging four assignments of error. For the following reasons, we vacate the original sentence imposed on count four, and we affirm the defendant's convictions, habitual offender adjudication, and sentences.

FACTS

On January 19, 2016, the defendant drove to his father, James Martin's, home in Slidell, Louisiana, and confronted his father and two brothers, Jermaine Singleton *60and Randy Martin, the victims. The defendant, who had a gun, threatened to kill Jermaine. James and Randy tried to protect Jermaine, who was recovering from surgery, from the defendant. The defendant ultimately left the scene without firing his weapon.

SUFFICIENCY

In his third assignment of error, the defendant argues that the evidence presented at trial was insufficient to support his convictions. Specifically, he contends that the State failed to prove beyond a reasonable doubt that he was in possession of a firearm. The defendant notes that a firearm was not recovered and complains that the State's witnesses gave inconsistent statements regarding the firearm.

When issues are raised on appeal, both as to sufficiency of the evidence and as to one or more trial errors, the reviewing court should first determine the sufficiency of the evidence. State v. Hearold , 603 So.2d 731, 734 (La. 1992). The reason for reviewing the sufficiency first is that the accused may be entitled to an acquittal under Hudson v. Louisiana , 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981), if a rational trier of fact, viewing the evidence in accordance with Jackson v. Virginia , 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), in the light most favorable to the prosecution, could not reasonably conclude that all of the essential elements of the offense have been proved beyond a reasonable doubt. When the entirety of the evidence is insufficient to support the conviction, the accused must be discharged as to that crime, and any discussion by the court of the trial error issues as to that crime would be pure dicta since those issues are moot. Hearold , 603 So.2d at 734.

On the other hand, when the entirety of the evidence, both admissible and inadmissible, is sufficient to support the conviction, the accused is not entitled to an acquittal, and the reviewing court must then consider the assignments of trial error to determine whether the accused is entitled to a new trial. If the reviewing court determines there has been trial error (which was not harmless) in cases in which the entirety of the evidence was sufficient to support the conviction, then the accused must receive a new trial, but is not entitled to an acquittal even though the admissible evidence, considered alone, was insufficient. Hearold , 603 So.2d at 734. Accordingly, we proceed first to determine whether the entirety of the evidence was sufficient to support the defendant's convictions.

A conviction based on insufficient evidence cannot stand as it violates Due Process. See U.S. Const. amend. XIV ; La. Const. art. I, § 2. The standard of review for the sufficiency of the evidence to uphold a conviction is whether or not, 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 beyond a reasonable doubt. Jackson v. Virginia , 443 U.S. at 319, 99 S.Ct. at 2789 ; see La. Code Crim. P. art. 821(B) ; State v. Ordodi , 2006-0207 (La. 11/29/06), 946 So.2d 654, 660 ; State v. Mussall , 523 So.2d 1305, 1308-09 (La. 1988). The Jackson standard of review, incorporated in Article 821, is an objective standard for testing the overall evidence, both direct and circumstantial, for reasonable doubt. When analyzing circumstantial evidence, La. R.S. 15:438 provides that the factfinder must be satisfied the overall evidence excludes every reasonable hypothesis of innocence. State v. Patorno , 2001-2585 (La. App. 1 Cir. 6/21/02), 822 So.2d 141, 144.

*61Aggravated assault with a firearm is an assault committed with a firearm. La. R.S. 14:37.4A. Pursuant to La. R.S. 14:95.1 A, "It is unlawful for any person who has been convicted of ...

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Cite This Page — Counsel Stack

Bluebook (online)
243 So. 3d 56, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-lactapp-2018.