State v. McGuire

577 So. 2d 1120, 1991 WL 46808
CourtLouisiana Court of Appeal
DecidedMarch 28, 1991
Docket90 KA 0666
StatusPublished
Cited by11 cases

This text of 577 So. 2d 1120 (State v. McGuire) 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. McGuire, 577 So. 2d 1120, 1991 WL 46808 (La. Ct. App. 1991).

Opinion

577 So.2d 1120 (1991)

STATE of Louisiana
v.
Vinnie McGUIRE a/k/a James O'Laughlin.

No. 90 KA 0666.

Court of Appeal of Louisiana, First Circuit.

March 28, 1991.
Writ Denied June 21, 1991.

*1121 William R. Campbell, Jr., New Orleans, David J. Knight, Asst. Dist. Atty., Covington, for State.

James H. Looney, Covington, for defendant.

Before LOTTINGER, SHORTESS and CARTER, JJ.

SHORTESS, Judge.

Vinnie McGuire, a/k/a James O'Laughlin (defendant), was charged by grand jury indictment with first degree murder. LSA-R.S. 14:30. He pled not guilty and not guilty by reason of insanity and, after trial by jury, was found guilty as charged. The court sentenced him to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence after the jury could not reach a unanimous verdict on capital punishment. Defendant has appealed, alleging two assignments of error:[1]

1. The trial court erred in allowing evidence of the defendant's Florida escape to be admitted as a part of the res gestae.
2. The evidence was insufficient to support the instant conviction.

FACTS

At 11:48 p.m. on October 13, 1988, William Beebe (victim), a twenty-nine-year-old teacher, checked into the Budget Host Hotel in Slidell, Louisiana. Around noon the following day, the hotel manager, Glen Hensler, found the victim's nude, lifeless body on the floor of Room 113 between the two beds. The police were summoned immediately. The victim's head, face, and upper body were covered with blood. There were blood spatters on the floor and wall near the victim's head. A bloodsoaked towel was wrapped around the victim's neck. A subsequent autopsy revealed that the cause of death was asphyxia due to strangulation. Inside the room, the police found empty beer bottles from two eight-packs of beer, a jar of Vaseline, and some condoms, including one that had been opened. The victim's car, a Ford Thunderbird, could not be located.

At approximately 1:00 a.m. on October 17, 1988, the defendant was arrested in Malibu, California, after he was discovered sleeping in the victim's car. He gave a tape-recorded statement wherein he indicated that he had killed the victim after a fight erupted during a homosexual encounter. The defendant explained that he met the victim at a truck stop in Slidell near Interstate 12; that the victim offered to help defendant, telling him that he was going to rent a room for the night, and offered to share the room; that the victim checked into Room 113 of the Budget Host Hotel; that they decided to go to a nearby bar and have some drinks; that after they returned to the hotel, the victim went to a nearby Time Saver convenience store and bought beer, Vaseline, and condoms; that the victim performed fellatio on him; that when he lost interest and either was unwilling or unable to anally penetrate the victim, the victim became angry with him, causing a fight; that he admitted killing the victim, but stated that he did not mean to hurt him; and that he admitted he took the victim's car and fled but did not rob the victim.

In said statement, defendant did not mention that he had escaped from the Florida *1122 Department of Corrections at approximately 1:00 p.m. on October 13. The defendant had been incarcerated in Cross City Correctional Institute and was assigned to a work crew mowing the grass alongside the highway in the area of Jena, Florida. At approximately 1:00 p.m., the defendant escaped from the work detail in a county pickup truck, which was subsequently discovered at a Holiday Inn parking lot in Crestview, Florida.

In addition to taking the victim's car, the defendant took the victim's watch and may have taken his money. When the victim's body was discovered, his wallet was empty and his watch was not located. When the defendant was arrested in California, a Seiko watch was found in his possession. This watch was identified by the victim's brother, Fred Beebe, as belonging to the victim.

ASSIGNMENT OF ERROR NO. ONE:

The defendant contends that the trial court erred in allowing evidence of the defendant's Florida escape to be admitted as part of the res gestae.

The State filed a notice of intent to use evidence of other crimes. At a pretrial hearing, the trial court ruled that the evidence of the defendant's escape from the Florida Department of Corrections would be admissible at trial pursuant to Louisiana Code of Evidence Article 404 B(1). In an unpublished decision, the defendant's writ application contesting the trial court's ruling on this issue was denied by this Court. State v. McGuire (docket number 89 KW 0980, decided June 23, 1989). At the trial, evidence of the defendant's Florida escape was admitted, but no reference was made to the conviction(s) for which the defendant was incarcerated.

Louisiana Code of Evidence article 404 B(1) provides:

Except as provided in Article 412, evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, or when it relates to conduct that constitutes an integral part of the act or transaction that is the subject of the present proceeding.

The second sentence of Louisiana Code of Evidence article 404 B(1) refers to crimes evidence which was previously admissible under LSA-R.S. 15:445-446 (Prieur[2] evidence) and LSA-R.S. 15:447-448 (res gestae). See L.C.E. art. 404, Comments (k) & (m). Actually, the trial court ruled that the evidence of the defendant's Florida escape was admissible both as evidence of motive, intent, etc., and because it was an integral part of the act or transaction (res gestae). For the reasons which follow, we find that the trial court did not err when it ruled that the escape was relevant and admissible evidence under both theories.

In his brief to this Court, the defendant concludes that the Florida escape was not relevant to proof of intent or motive. Concerning other crimes evidence relevant to prove system or intent, the defendant cites State v. Talbert, 416 So.2d 97, 99-100 (La. 1982), for the proposition that "such evidence must relate to offenses which are so peculiarly distinctive that logically they are the work of the same person." While this proposition is contained in Talbert and is a correct statement of the law in relation to the use of other crimes evidence to prove system or modus operandi, it has no relevance to proof of intent. Instead, the test for determining the admissibility of other crimes evidence used to prove intent is explained in State v. Kahey, 436 So.2d 475, 488 (La.1983). Before other crimes evidence is admissible as proof of intent, three prerequisites must be satisfied: (1) the prior acts must be similar; (2) there must be a real and genuine contested issue of intent at trial; and (3) the probative value of the evidence must outweigh its prejudicial effect.

Here, there was a real and genuine contested issue of intent. The defense contended *1123 that the defendant committed manslaughter by killing the victim in a fight which erupted during a homosexual encounter. The defendant contends that he did not initially intend to rob the victim and that the killing took place first and the taking of the victim's automobile was an afterthought.

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Cite This Page — Counsel Stack

Bluebook (online)
577 So. 2d 1120, 1991 WL 46808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcguire-lactapp-1991.