State v. Morrison

743 So. 2d 232, 1999 WL 517155
CourtLouisiana Court of Appeal
DecidedJuly 22, 1999
Docket32123-KA
StatusPublished
Cited by6 cases

This text of 743 So. 2d 232 (State v. Morrison) 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. Morrison, 743 So. 2d 232, 1999 WL 517155 (La. Ct. App. 1999).

Opinion

743 So.2d 232 (1999)

STATE of Louisiana, Appellee,
v.
Ronald Wayne MORRISON, Jr., Appellant.

No. 32123-KA.

Court of Appeal of Louisiana, Second Circuit.

July 22, 1999.

*235 Pamela G. Smart, Assistant Indigent Defender, Counsel for Appellant.

Richard P. Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Catherine M. Estopinal, Assistant District Attorney, Counsel for Appellee.

Before WILLIAMS, KOSTELKA and DREW, JJ.

WILLIAMS, Judge.

As a result of a grand jury indictment, the defendant, Ronald Wayne Morrison, Jr., was charged with second degree murder, a violation of LSA-R.S. 14:30.1. After a jury trial, the defendant was convicted as charged and sentenced to serve life imprisonment at hard labor without benefit of parole, probation or suspension of sentence. The defendant contends the trial court erred in denying his motions for a new trial and for post-verdict judgment of acquittal. He also contends the trial court erroneously admitted prejudicial and gruesome coroner's photographs into evidence. Defendant has also filed a supplemental brief wherein he asserts three additional assignments of error. For the following reasons, we affirm the defendant's conviction and sentence.

FACTS

On April 6, 1997, officers with the Shreveport Police Department responded to a report of a body lying under a tree located in an open field in the 3700 block of Portland Street in Shreveport, Louisiana. The victim, Fred Kelly, had been severely beaten and shot once in the chest.

On the night of his death, Kelly had been working as a cabdriver for Casino Cabs, Inc. Police officers investigating the crime discovered that one of the victim's fares had come from a residence which was located approximately two blocks from the crime scene. When the officers arrived at the residence, they encountered the defendant, Ronald Morrison, Jr., lying on the front porch of the house. The defendant informed the officers that his girlfriend, Yolanda Williams, lived there and that he was not aware of a cab coming there that night. However, he agreed to accompany the officers to the police station to discuss the murder.

At the station, the officers observed dried blood on the defendant's hand. The defendant consented to a gunshot residue test and a blood test. DNA test results later revealed that some of the blood was that of the victim. To further assist in the investigation, the defendant also consented to give the officers a sample of the clothes he was wearing. The defendant was then questioned and released.

The officers interviewed Yolanda Williams at her residence and she informed them that she had called for a cab for the defendant the evening of the murder. Williams stated that, as far as she knew, when the cab arrived, the defendant left in the cab. The officers received consent from Williams' mother to search the residence. Williams gave the officers a gym bag that contained the defendant's property. The officers searched the bag and discovered a shirt that matched the description of that which a witness had described the assailant as wearing. The bag also contained a handgun.

The defendant was initially charged with first degree murder, a violation of LSA-R.S. 14:30. However, a grand jury indicted the defendant for second degree murder, a violation of LSA-R.S. 14:30.1. After a jury trial, the defendant was found guilty as charged and sentenced to serve life *236 imprisonment, without benefit of parole, probation or suspension of sentence. The defendant appeals.

DISCUSSION

Sufficiency of the Evidence

The defendant argues that the evidence presented was insufficient to support his conviction of second degree murder, and therefore, the trial court erred in denying his motion for post-verdict judgment of acquittal.

The proper 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 that the state proved the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The Jackson standard is applicable in cases involving both direct and circumstantial evidence. State v. Maxie, 30,877 (La.App.2d Cir.8/19/98), 719 So.2d 104. An appellate court reviewing a sufficiency of the evidence claim will not assess the credibility of a witness or reweigh the evidence to overturn a fact finder's determination of guilt. State v. Cotton, 25,940 (La.App.2d Cir.3/30/94), 634 So.2d 937.

In the present case, the defendant was found guilty of second degree murder. LSA-R.S. 14:30.1(A), in pertinent part, defines second degree murder as:

[T]he killing of a human being: (1) When the offender has a specific intent to kill or to inflict great bodily harm; or (2)(a) When the offender is engaged in the perpetration or attempted perpetration of ... armed robbery, first degree robbery, or simple robbery, even though he has no intent to kill or to inflict great bodily harm....

Specific intent is defined as that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act. State v. Maxie, supra. Specific intent is a state of mind and, as such, need not be proven as a fact, but may be inferred from the circumstances and actions of the accused. State v. Maxie, supra. The determination of whether the requisite intent is present in a criminal case is for the trier of fact. State v. Maxie, supra.

Dr. George McCormick, Caddo Parish Coroner, testified that the victim was shot once in the chest and suffered large, deep lacerations, most of which were to his head and face. Dr. McCormick also testified that, as a result of being beaten, the victim suffered a fractured nose and skull, hemorrhaging in and around the brain and multiple fractured teeth. According to Dr. McCormick, the head and facial wounds were so severe that the victim could have died from them alone. The severity of the victim's wounds illustrate that the defendant had the requisite specific intent to kill or to inflict great bodily harm.[1]

Additional evidence presented at the trial supports the fact that the defendant also robbed the victim. The robbery, coupled with the victim's death, was sufficient to convict the defendant of second degree murder. Intent on the part of the defendant is not required.

The defendant argues that there was no proof that anything of value was taken from the victim, and therefore, there is no proof that he robbed the victim. LSA-R.S. 14:2 provides:

"Anything of value" must be given the broadest possible construction, including any conceivable thing of the slightest value, movable or immovable, corporeal *237 or incorporeal, public or private, and including transportation, telephone and telegraph services, or any other service available for hire. It must be construed in the popular sense of the phrase, not necessarily as synonymous with the traditional legal term "property ..."

Alan Blankenship, a dispatcher for Casino Cabs, Inc., testified that the victim had fares prior to picking up the defendant, and the defendant was the victim's last fare for that night. According to Blankenship, a cab driver could make between $50 and $100 in a night.

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Bluebook (online)
743 So. 2d 232, 1999 WL 517155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-morrison-lactapp-1999.