State v. Mason

109 So. 3d 429, 2013 La. App. LEXIS 21, 2013 WL 163529
CourtLouisiana Court of Appeal
DecidedJanuary 16, 2013
DocketNo. 47,642-KA
StatusPublished
Cited by5 cases

This text of 109 So. 3d 429 (State v. Mason) 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. Mason, 109 So. 3d 429, 2013 La. App. LEXIS 21, 2013 WL 163529 (La. Ct. App. 2013).

Opinion

HARRISON, Judge Pro Tem.

The defendant, Jason Edward Mason, Jr., was convicted of second degree murder in the drive-by shooting death of a 16-year-old girl. He was sentenced to the mandatory term of life imprisonment without the benefit of parole, probation or suspension of sentence. He appeals, asserting four assignments of error. We affirm the defendant’s conviction and sentence.

FACTS

At about 4:30 p.m. on November 27, 2007, the victim, Latora Wiley, was walking with a large group of teenagers on Ledbetter Street in Shreveport.1 Some members of the group were walking on the sidewalk, others in the street. A white Equinox SUV drove down the street, and a confrontation ensued. Several teens yelled at the vehicle occupants that the SUV had almost struck some of them. The SUV left the area, and the teens continued on to a local park. After staying theré for about 10 minutes, the group left the park and began walking on Led-better Street again. At this time, the SUV returned. Charles Evans, the passenger in the SUV, fired shots which killed the victim and wounded a teenage boy. The vehicle fled; however, several of the teens saw it in the park a few minutes later.

The police quickly developed the 25-year-old Evans as a suspect. When the police went to his house, his teenage sister informed them that he had admitted to her that he shot two people. When he returned home, Evans was taken into custody. He gave a statement, after which he was booked into the jail.

It was also discovered that the driver of the SUV was the defendant, Evans’ 41-year-old uncle, and that the vehicle belonged to him and his wife. The police asked the defendant to come to the station and give a statement that evening. He complied. After he gave his statement, the police reinterviewed Evans, who gave a statement implicating his uncle.2 On November 30, 2007, the defendant was interviewed again. Subsequently, he was arrested as a principal in the shooting death of the victim.

In January 2008, the defendant testified before a grand jury, which indicted him for second degree murder in the victim’s death. Following a jury trial, he was convicted as charged in August 2011. Evans invoked his right against self-incrimination and did not testify at his uncle’s trial.

A sentencing hearing was held in September 2011. The defendant’s verbal motion for new trial was denied, and the trial court imposed the mandatory sentence of life imprisonment without benefits. The trial court also denied the defendant’s oral motion to reconsider sentence.

In January 2012, the defendant filed a motion for new trial in which he alleged the procurement of new evidence, i.e., a statement from his nephew exonerating [433]*433him. A hearing was held in April 2012. Evans, who entered a guilty plea to manslaughter and attempted murder after the defendant’s trial, testified that his uncle did not know that he was going to shoot, did not directly give him the gun back or encourage him to shoot. The trial court denied the motion on the grounds that it was untimely and that none of the evidence presented was new evidence.

The defendant now appeals his conviction and sentence, asserting four assignments of error.

SUFFICIENCY OF EVIDENCE

Law

The standard of appellate review for a sufficiency of the 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, 448 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Tate, 2001-1658 (La.5/20/03), 851 So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct. 1604, 158 L.Ed.2d 248 (2004); State v. Carter, 42,894 (La.App.2d Cir.1/9/08), 974 So.2d 181, writ denied, 2008-0499 (La.11/14/08), 996 So.2d 1086. This standard, now legislatively embodied in La. C. Cr. P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. State v. Pigford, 2005-0477 (La.2/22/06), 922 So.2d 517; State v. Dotie, 43,819 (La.App.2d Cir.1/14/09), 1 So.3d 833, writ denied, 2009-0310 (La.11/6/09), 21 So.3d 297. The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Smith, 94-3116 (La.10/16/95), 661 So.2d 442. A reviewing court accords great deference to a jury’s decision to accept or reject the testimony of a witness in whole or in part. State v. Eason, 43,788 (La.App.2d Cir.2/25/09), 3 So.3d 685, writ denied, 2009-0725 (La.12/11/09), 23 So.3d 913; State v. Hill, 42,025 (La.App.2d Cir.5/9/07), 956 So.2d 758, writ denied, 2007-1209 (La.12/14/07), 970 So.2d 529.

Where there is conflicting testimony about factual matters, the resolution of which depends upon a determination of the credibility of the witnesses, the matter is one of the weight of the evidence, not its sufficiency. State v. Goss, 46,193 (La.App.2d Cir.5/18/11), 70 So.3d 6.

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 the defendant was guilty of every essential element of the crime. State v. Sutton, 436 So.2d 471 (La.1983); State v. Speed, 43,786 (La.App.2d Cir.1/14/09), 2 So.3d 582, writ denied, 2009-0372 (La.11/6/09), 21 So.3d 299.

In relevant part, La R.S. 14:30.1 states: A. Second degree murder is the killing of a human being:
(1) When the offender has a specific intent to kill or to inflict great bodily harm; or
(2) When the offender is engaged in the perpetration or attempted perpetration of ... assault by drive-by shooting ..., even though he has no intent to kill or to inflict great bodily harm.

A “drive-by shooting” means the discharge of a firearm from a motor vehicle on a public street or highway with the [434]*434intent to either kill, cause harm to, or frighten another person. La. R.S. 14:B7.1(C).

A defendant who is a principal in a drive-by shooting can be convicted of second degree felony murder even though the fatal shot was fired by a companion acting in concert with the defendant in the commission of the shooting. State v. Stewart, 43,149 (La.App.2d Cir.5/7/08), 982 So.2d 353, writ denied, 2008-1343 (La.3/6/09), 3 So.3d 480; State v. Brooks, 45,778 (La.App.2d Cir.3/2/11), 58 So.3d 506, writ denied, 2011-0631 (La.10/7/11), 71 So.3d 309.

Regarding the law of principals, La. R.S. 14:24 provides:

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Cite This Page — Counsel Stack

Bluebook (online)
109 So. 3d 429, 2013 La. App. LEXIS 21, 2013 WL 163529, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mason-lactapp-2013.