State v. Milton

939 So. 2d 678, 2006 WL 2776247
CourtLouisiana Court of Appeal
DecidedSeptember 27, 2006
Docket2006-550
StatusPublished
Cited by1 cases

This text of 939 So. 2d 678 (State v. Milton) 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. Milton, 939 So. 2d 678, 2006 WL 2776247 (La. Ct. App. 2006).

Opinion

939 So.2d 678 (2006)

STATE of Louisiana
v.
Kendall MILTON.

No. 2006-550.

Court of Appeal of Louisiana, Third Circuit.

September 27, 2006.

Earl B. Taylor, District Attorney, Alisa Ardoin Gothreaux, Assistant District Attorney, Opelousas, LA, for Appellee, State of Louisiana.

Annette Fuller Roach, Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant, Kendall Milton.

*679 Court composed of OSWALD A. DECUIR, MARC T. AMY, and BILLY HOWARD EZELL, Judges.

AMY, Judge.

On October 14, 2004, at approximately one in the morning, the body of Brian Mallet was discovered at the Pinecrest Loop apartment complex in Sunset, Louisiana. Brian was found lying on the ground next to a gray Dodge Stratus. The police were notified, and although an ambulance was summoned, Brian was dead at the scene.

Based on information provided to the police, the defendant was arrested and charged with Brian's murder. He was indicted by a grand jury on a charge of second degree murder, a violation of La. R.S. 14:30.1. Following a jury trial, the defendant was found guilty as charged. The trial court sentenced the defendant to life imprisonment at hard labor without the benefit of parole, probation or suspension of sentence.[1] The defendant appeals, arguing that the evidence is insufficient to support his conviction for second degree murder. For the following reasons, we affirm.

Discussion

Errors Patent

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the record, we find no errors patent.

Insufficient Evidence

The defendant argues that the "jury's credibility assessments are not supported by the testimony and the physical evidence introduced at trial. Therefore, there was insufficient evidence introduced at trial to support a finding that Kendall Milton was guilty of the second degree murder of Brian Mallet."

Louisiana Revised Statutes 14:30.1 provides in pertinent part: "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[.]"

In State v. Lambert, 97-64, pp. 4-5 (La. App. 3 Cir. 9/30/98), 720 So.2d 724, 726-27, a panel of this court explained:

When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court 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 ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La. 1981). It is the role of the fact finder to weigh the respective credibility of the witness. Therefore, the appellate court should not second-guess the credibility determination of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See [State ex rel. Graffagnino v.] King, 436 So.2d 559 [(La.1983)], citing State v. Richardson, 425 So.2d 1228 (La.1983).

At trial, the State presented the testimony of three witnesses who claimed that they saw the shooting that morning. The first eyewitness was Geraldine Richard, who resided on Pinecrest Loop. Geraldine testified that around midnight, she and her friend, Judy Meche, were outside on her *680 front porch drinking a bottle of wine. Geraldine stated that she noticed a man, the victim, sitting in what appeared to be a gold car. The car was parked about twenty to thirty feet from her and was across from her apartment. Geraldine testified that sometime later, a white Corsica came from the street behind her apartment, backed up, and parked in front of the gold car, thereby blocking it. According to Geraldine, she recognized some of the occupants of the white car. She remembered that Walter Johnson[2] was the driver and that Ricky Amos and Kendall Milton were on the passenger side. Geraldine stated that she did not know the identity of the fourth passenger.

Geraldine testified that Ricky exited the white car, sat in the victim's front passenger seat, and left the door open while they talked. She further testified that: "[S]omebody, Kendall, on the passenger back side, got down. So I said, `Who's that?' Judy said, `That's Kendall.' And I heard his voice. Then I knew it was Kendall." According to Geraldine's testimony, the defendant went to the driver's side of the gold car and said, "`N____r, what the f—k?' And all I heard was boom!, and then me and Judy ran in the house."

Upon further questioning, Geraldine stated that she did not recognize the defendant because he had a hood on which did not give her a good view of him. She testified that before he fired the gun, the defendant opened the victim's car door and uttered those words. Geraldine testified that when she and Judy were in her apartment, they heard a second shot.[3] She explained that she did not call the police because she was shaken and panicked.

The State then called Judy Meche to the stand and she, like Geraldine, implicated the defendant in the victim's death. Judy testified that after getting off from work, she arrived at Geraldine's apartment around midnight. She stated that she and Geraldine were on Geraldine's front porch drinking wine. According to Judy, she saw a man sitting in a gold car across from the apartment. Thereafter, a white car passed in front of them and stopped "[a] little bit past the driver of the gold car." Judy testified that Ricky exited the white car and went over to the passenger side of the gold car where he proceeded to talk to the victim through the window. Then, according to Judy, the defendant "[g]ot out of the car and he had a gun in his hand and he approached from the passenger side[4], stuck the gun in the car, and [she] heard the shot." She and Geraldine ran in the apartment where they heard a second shot. Judy testified that when she left Geraldine's house approximately twenty minutes later, no one was outside.

Walter Savoie, Jr. testified that he was driving the white Corsica which belonged to his girlfriend. He stated that Ricky Amos was seated behind him, the defendant was the front passenger, and Wilbert Howard was seated behind the defendant. Walter testified that when he was driving through the apartment complex, he noticed a "dude in a gray car and two women outside[,]" whom he identified as Geraldine and Judy. He stated that when Ricky told him to turn around, he "[p]ulled up in the street, backed up and turned back in the *681 project." After Walter parked the white car in front of the gray car, Ricky went to the passenger side of the gray car to talk to the victim. Walter testified that the defendant then exited the white car and went to the driver's side of the gray car and shot the victim.

Walter testified that after the shot was fired, Ricky jumped out of the gray car and told the defendant not to shoot. Walter stated that he also yelled at the defendant "[t]o don't shoot. Don't shoot the gun no more." When asked what happened next, Walter responded: "It's like he just ain't hear me. He got the dude out [of] the car and Wilbert slapped me on my arm and told me to pull off." According to Walter, when he and Wilbert were leaving the complex, he heard a second shot.

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Bluebook (online)
939 So. 2d 678, 2006 WL 2776247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-milton-lactapp-2006.