State v. Oxley

802 So. 2d 35, 0 La.App. 3 Cir. 1523, 2001 La. App. LEXIS 1130, 2001 WL 518305
CourtLouisiana Court of Appeal
DecidedMay 16, 2001
DocketNo. 00-1523
StatusPublished
Cited by1 cases

This text of 802 So. 2d 35 (State v. Oxley) 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. Oxley, 802 So. 2d 35, 0 La.App. 3 Cir. 1523, 2001 La. App. LEXIS 1130, 2001 WL 518305 (La. Ct. App. 2001).

Opinion

_JjPICKETT, Judge.

FACTS

On January 19, 1999, Eddie Carnline was found dead in his home. The autopsy determined he died the evening before as the result of a single gunshot wound to the head by a small caliber weapon.

On November 8, 1999, the defendant was indicted on one count of first degree murder. Following a trial by jury, the defendant was convicted of first degree murder. The state did not seek the death penalty in this case.

A Motion for Post-Verdict Judgment of Acquittal and a Motion for a New Trial were filed on behalf of the defendant on July 26, 2000. On August 23, 2000, an Amended Motion for a New Trial was filed.

On August 30, 2000, the defendant’s motions for post-verdict judgment of acquittal new trial were denied by the trial judge. That same day, the defendant was sentenced to life imprisonment without the benefit of parole, probation, or suspension of sentence. The trial judge granted the defendant’s oral and written motions for appeal.

APPLICABLE LAW

The defendant argues in his sole assignment of error that the evidence presented by the state was insufficient to convince a rational trier of fact, beyond a reasonable doubt, that he committed the offense of first degree murder.

“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 l2elements 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).

The jury used both direct and circumstantial evidence to convict the defen[37]*37dant of first degree murder in the instant case. The rule governing circumstantial evidence is as follows:

When circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 mandates that “assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.” This is not a purely separate test from the Jackson sufficiency standard to be applied instead of a sufficiency of the evidence test whenever circumstantial evidence forms the basis of the conviction. Ultimately, all evidence, both direct and circumstantial must be sufficient under Jackson to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt.

State v. Rosiere, 488 So.2d 965, 968 (La.1986).

In the present case, the defendant was indicted for first degree murder. The indictment of first degree murder was predicated on the commission of either an armed robbery or simple robbery during which the victim was killed. Accordingly, the statutes governing this case are La. R.S. 14:30(A)(1), La.R.S. 14:64 and La.R.S. 14:65.

La.R.S. 14:30(A)(1) provides as follows:

A. First degree murder is the killing of a human being:
(1) When the offender has specific intent to kill or to inflict great bodily harm and is engaged in the perpetration or attempted perpetration of ... armed robbery, ... or simple robbery.

La.R.S. 14:64 defines armed robbery as the following:

A. Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, while armed with a dangerous weapon.

|3To find that the defendant committed an armed robbery, the evidence has to establish beyond a reasonable doubt that the defendant used a dangerous weapon to commit the robbery. A dangerous weapon is “any gas, liquid or other substance or instrumentality, which in the manner used, is calculated or likely to produce death or great bodily harm.” La.R.S. 14:2(3).

La.R.S. 14:65 defines simple robbery as follows:

A. Simple robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by use of force or intimidation, but not armed with a dangerous weapon.

As to the element of specific intent, La.R.S. 14:10(1) defines specific criminal intent 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.” Intent is a question of fact but need not be proven as a fact. It may be inferred from the circumstances of the transaction and the actions of the defendant. State v. Maxie, 93-2158 (La.4/10/95), 653 So.2d 526. Specific intent to kill may be inferred from a defendant’s act of pointing a gun and firing at a person. State v. Seals, 95-305 (La.11/25/96); 684 So.2d 368.

In order to convict the defendant of first degree murder, the state had the burden of proving beyond a reasonable doubt that the defendant had the specific intent to kill the victim and that he killed him while engaged in either an armed robbery or simple robbery.

DISCUSSION

In the present case, the defendant argues that the conviction should be re[38]*38versed because the testimony of the state’s key witness, Elizabeth Byles, was insufficient to Uconvince a reasonable jury that he killed Mr. Carnline. Mrs. Byles’ testimony was a significant part of the State’s case.

The court must consider the record in its entirety to determine whether sufficient evidence was presented which would sustain the jury’s verdict under Jackson.

The defendant was arrested by a state trooper in the early morning hours following the commission of the homicide for the offense of driving while intoxicated. He was driving the victim’s truck at the time of the arrest.

Sam Mitchell testified that he was at the victim’s home with the defendant and the victim the night Mr. Carnline was killed. He testified he fell asleep in the victim’s house between 9:45 p.m. and 9:50 p.m. About an hour after he had gone to bed, he heard a noise that sounded like pots falling on the floor, but he did not investigate to determine the cause of the noise. He did not see the defendant shoot the victim and he did not hear the defendant leave the house in the victim’s truck.

At trial, the defendant’s father testified that the victim had given the defendant permission to drive his truck to Gonzales, Louisiana, for a few days to find a job. The defendant was supposed to leave for Gonzales in the victim’s truck on the day of the incident. This testimony was corroborated by the testimony of Donald Huff, who said that he was a friend of the victim and that he heard the victim give the defendant permission to use his truck to go find work on the day of the incident.

The state relied heavily on the testimony of Mrs. Byles in the presentation of its case.

1 BMrs. Byles testified that on the night of the incident, the defendant visited with her and her husband, Raymond Byles,1 and admitted to having shot and killed a man.

A He didn’t right then, no. My husband said, man, who are with? [sic] He said, I’m by myself. He said, well now how did you get here? He said, I’m in a truck.

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Related

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857 So. 2d 1268 (Louisiana Court of Appeal, 2003)
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Bluebook (online)
802 So. 2d 35, 0 La.App. 3 Cir. 1523, 2001 La. App. LEXIS 1130, 2001 WL 518305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oxley-lactapp-2001.