State v. Poland

750 So. 2d 1014, 1999 La. App. LEXIS 2971, 1999 WL 974652
CourtLouisiana Court of Appeal
DecidedOctober 27, 1999
DocketNo. 32,475-KA
StatusPublished
Cited by1 cases

This text of 750 So. 2d 1014 (State v. Poland) 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. Poland, 750 So. 2d 1014, 1999 La. App. LEXIS 2971, 1999 WL 974652 (La. Ct. App. 1999).

Opinions

|,GASKINS, J.

The defendant, Charles 0. Poland, appeals his conviction and sentence for manslaughter. We affirm, for the following reasons.

FACTS

On the evening of August 6, 1997, the defendant summoned authorities from the Franklin Parish Sheriffs Office to his residence. When Deputy Larry Crum arrived at the residence at 8:34 p.m., he observed the body of a white male lying in the yard in front of a pickup truck. The 59-year-old victim, James Howard Poland, had died as a result of a single gunshot wound to the chest. The victim was the defendant’s cousin.

When Deputy Crum arrived, the defendant approached him and stated that the victim “pulled a knife on me and I had to shoot him.” According to Deputy Crum, a knife was found in the victim’s left hand with the blade turned backward. Deputy Crum retrieved the gun used in this offense from the defendant’s vehicle. The deputy stated that the defendant had been drinking, but was coherent.

Deputy Robert Posey and Sheriff Steve Pylant arrived at the scene later. Deputy Posey photographed the scene and gathered evidence. He testified that the victim had a brown knife in his left hand and also had burned cigarette paper attached to a finger of his left hand. A white knife was found in the victim’s right front pocket, but that weapon was not exposed. Also found near the body were a silver can, a cigarette butt, a lighter and a beer can. The defendant appeared calm and settled. He was read his rights and then stated, “He came at me with an attitude and he hit me twice with a knife and I shot him in self defense. I want a lawyer.”

The defendant was charged by grand jury indictment with second degree murder. The defendant was tried by jury on November 16 and 17, 1998. At trial, Dr. Steven Hayne, a forensic pathologist who performed the autopsy on the victim, | ¿testified that the victim died of a single gunshot wound to the left chest. He observed numerous contusions and abrasions [1017]*1017on the body consistent with falling after being shot. He stated that none of the marks were indicative of a struggle with another person. He also observed a burn mark on the surface of the right forearm that occurred at or about the time of death, consistent with a cigarette. He noted that the victim had significant nicotine stains on two fingers of his left hand. The doctor stated that the staining would have taken a long time to develop. It was established that the victim was right-handed. According to Dr. Hayne, the victim was standing up and the fatal shot was fired from slightly above the victim. Testimony showed that the defendant was slightly taller than the victim. Dr. Hayne testified that the victim would have been capable of meaningful movement for about 20-25 seconds after being shot. He would have then gone into irreversible shock in one to one and one-half minutes. Death would have occurred approximately three to five minutes after being shot.

An acquaintance of the defendant, Dale Ingram, testified that he was at the defendant’s residence on the evening of August 6, 1997, visiting with the defendant and another man, George Allen Price. The witness was present when the victim arrived. Mr. Ingram stated that the victim did not act belligerent upon his arrival. There were no witnesses to the shooting. Mr. Ingram and Mr. Price left before the offense occurred.

At trial, the prosecution sought to introduce the defendant’s testimony given to the grand jury to show that the defendant made prior inconsistent statements. Even though the defendant chose not to testify at trial, the state argued that the defendant had been informed of his Miranda rights prior to giving his testimony to the grand jury and therefore, the testimony was admissible at trial to show that the grand jury testimony was not consistent with the statements the defendant gave to [Jaw enforcement officials immediately after the shooting. Over the defendant’s strenuous objection, the trial court allowed a tape of the defendant’s testimony to the grand jury to be played to the jury at trial.

Although the defendant was originally charged with second degree murder, after a short deliberation, the jury convicted him of manslaughter. The defendant appeared before the court for sentencing on January 12, 1999. The trial court reviewed the defendant’s background and criminal history. The court observed that the defendant had no remorse for the present offense and most of the letters the court received expressed fear should the defendant ever be released from custody. The court found that there was an undue risk that the defendant would commit another offense, that he was in need of correctional treatment and that a lesser sentence than that imposed would deprecate the seriousness of the offense. The court considered that the defendant did not have a prior felony record, but had an extensive record of misdemeanors including driving while intoxicated and simple battery. The court sentenced the defendant to forty years at hard labor with credit for time served. The defendant timely filed a motion to reconsider sentence, which the trial court denied. The defendant then appealed his conviction and sentence. The defendant objects that there was insufficient evidence upon which to base his conviction. He also complains that the trial court erred in admitting his grand jury testimony. The defendant argues that the trial court erred in imposing an excessive sentence.

SUFFICIENCY OF THE EVIDENCE

The defendant contends that his testimony was consistent with the physical evidence in this matter: a knife in the victim’s left hand, a beer can found near the victim’s body and abrasions on the victim’s body from falling. The defendant argues that the inconsistencies that the state sought to use were not sufficient to _J^negate beyond a reasonable doubt his self-defense claim: the fact that the knife was in the victim’s left hand and the victim had cigarette burns to his left hand. The defendant contends that the state’s reb-anee on the victim’s use of his non-dominant hand and the fact that he might not [1018]*1018have discarded his cigarette prior to picking up the knife is not sufficient to meet its burden of proof. According to the defendant, a person does not use his dominant hand 100 percent of the time and most people are capable of holding a knife and a cigarette in the same hand. This argument is without merit.

When issues are raised on appeal both as to the sufficiency of the evidence and as to one or more trial errors, the reviewing court should first determine the sufficiency of the evidence.1 The reason for reviewing sufficiency first is that the accused may be entitled to an acquittal under Hudson v. Louisiana, 450 U.S. 40, 101 S.Ct. 970, 67 L.Ed.2d 30 (1981), if a rational trier of fact, viewing the evidence in accord with Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), in the light most favorable to the prosecution, could not reasonably conclude that all of the elements of the offense have been proved beyond a reasonable doubt. State v. Bosley, 29,253 (La.App.2d Cir.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333; State v. Hearold, 603 So.2d 731 (La.1992).

The Jackson standard is applicable in cases involving both direct and circumstantial evidence.

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Related

State v. Poland
782 So. 2d 556 (Supreme Court of Louisiana, 2001)

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Bluebook (online)
750 So. 2d 1014, 1999 La. App. LEXIS 2971, 1999 WL 974652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-poland-lactapp-1999.