State v. Robertson

723 So. 2d 500, 1998 WL 857956
CourtLouisiana Court of Appeal
DecidedDecember 9, 1998
DocketCR98-883
StatusPublished
Cited by23 cases

This text of 723 So. 2d 500 (State v. Robertson) 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. Robertson, 723 So. 2d 500, 1998 WL 857956 (La. Ct. App. 1998).

Opinion

723 So.2d 500 (1998)

STATE of Louisiana
v.
Curtis Paul ROBERTSON, Defendant-Appellant.

No. CR98-883.

Court of Appeal of Louisiana, Third Circuit.

December 9, 1998.
Rehearing Denied February 3, 1999.

*501 Bernard E. Boudreaux, Jr., D.A., and Robert C. Vines, A.D.A., for State of Louisiana.

Warren Ashy, Lafayette, for Curtis Paul Robertson.

Before COOKS, SAUNDERS and WOODARD, JJ.

WOODARD, Judge.

Curtis Paul "Coon Dog" Robertson (the defendant) was charged with second degree battery, a violation of La.R.S. 14:34.1. At the close of trial, a six-person jury found him guilty as charged. He was subsequently sentenced to four years at hard labor and appeals, alleging five assignments of error. We affirm and remand with instructions.

*502 FACTS

The defendant was arrested for the battery of Ms. Pauline Catorie on April 22, 1997. They have maintained a tumultuous relationship for nineteen years. Prior to the incident, they lived in New Iberia, Louisiana with their two daughters, Sarah, eight, and Elizabeth, seven.

On April 22, 1997, Ms. Catorie was driving back from the baseball park on Dubois Road with her daughters when she encountered the defendant. When he questioned her about her whereabouts, she explained that she had just left the baseball park. He responded that he had not seen her car and that he wanted to talk to her at his home within the next half-hour.

Ms. Catorie drove to his home where she waited for a half-hour. Then, she and her daughters left the house to get some hamburgers, the promised reward for winning the ball-game. On her way, she met the defendant at the White Oaks Grocery Store. He told her to meet him at the house and to make sure that the children were somewhere else. Ms. Catorie and her daughters returned to the house, and he followed, forty minutes to one-hour later.

Apparently, he was upset when he arrived home. He asked Ms. Catorie to follow him into "the shop," where he asked her if she had slept with one of his best friends, some ten years ago, while they were separated. Ms. Catorie answered in the affirmative. He called her names, and she slapped him. Angry, the defendant hit and kicked her, causing her to fall and strike her head on a magazine rack. He kept kicking and punching her to the point that she momentarily lost consciousness.

Once Ms. Catorie came back to her senses, the defendant stated that he was disappointed in her and ordered her to take off her clothes, which were covered with blood. He directed himself to the washing machine and told Ms. Catorie to clean up her own blood, which had dribbled onto the floor from his beating. He warned her that she had better have it done before he got back.

Later that day, Ms. Catorie was treated by Dr. Steven James Ritter at the emergency room of Dauterive Hospital. Dr. Ritter found a large laceration of approximately three inches on her forehead and scalp. Seven stitches were required. He also noticed a laceration over the bridge of her nose and bruises over both her arms and legs. He commented that the traumas were the result of very hard blows.

The defendant was arrested on April 22, 1997, and charged by Bill of Information with second degree battery, a violation of La.R.S. 14:34.1, on June 6, 1997. The trial was held December 2-4, 1997. During trial, the court denied the defendant's motion for mistrial, made prior to closing arguments, as well as a motion for a directed verdict of acquittal, made after the presentation of the state's case. At the close of trial, a unanimous six-person jury returned a verdict of guilty as charged.

Pursuant to a hearing held on January 8, 1998, the trial court sentenced the defendant to four years at hard labor. The defendant appeals.

ASSIGNMENTS OF ERROR

The defendant asserts the following assignments of error:

1. The trial court erred in not allowing Pauline Catorie to testify as to her observations concerning the defendant's actions.
2. The trial court erred in refusing to grant the defendant's motion for mistrial.
3. The trial court erred in finding that the prosecution presented sufficient evidence to conclude that Pauline Catorie received serious injury.
4. The trial court erred in finding that the defendant had the specific intent to inflict serious injury on Pauline Catorie.
5. The trial court erred in denying the defendant's request to have the jury instructed of his defense based on the aggressor doctrine.

*503 LAW

ERRORS PATENT

At the outset, we find that the trial court did not inform the defendant of the three year time limitation to file for post-conviction relief, as mandated by La.Code Crim.P. art. 930.8. However, such a defect has no bearing on whether the sentence is excessive, and the defendant was not prejudiced because the prescriptive period does not start running until the judgment becomes final. La.Code Crim.P. art. 922. Thus, we need not reverse the sentence or remand the case for resentencing. See State v. Fontenot, 616 So.2d 1353 (La.App. 3 Cir.), writ denied, 623 So.2d 1334 (La.1993).

Nevertheless, we direct the trial court to inform the defendant of the provisions of La.Code Crim.P. art. 930.8 by appropriate written notice within ten days of the rendition of this opinion and to file into the record of the proceeding written proof that the defendant received this notice. Id.

Preclusion of a Line of Questions at Trial

The defendant alleges that the trial court erred in sustaining the objections made by the state to a certain line of questions in Ms. Catorie's cross-examination. More specifically, he argues that the court should have allowed Ms. Catorie to give her opinion regarding the defendant's intent to inflict serious bodily injury. He asserts that such a right is mandated by La.Code Evid. arts. 701 and 704 and concludes that the denial of it was a ground for mistrial.

The issue raised in this assignment of error pertains to the power of the trial court to control the examination of the witnesses. We acknowledge that an accused has a constitutional right to confront and cross-examine hostile witnesses. La. Const. art. I § 16; La.R.S. 15:273. Nevertheless, we also note that such a right is not unlimited or absolute. State v. Thames, 95-2105 (La.App. 1 Cir. 9/27/96); 681 So.2d 480, writ denied, 96-2563 (La.3/21/97); 691 So.2d 80; La.Code Crim.P. art. 930.8. Furthermore, it is well-settled that the trial court has great discretion in controlling the examination of witnesses. See State v. Jackson, 568 So.2d 599 (La.App. 4 Cir.1990). We shall not disturb its rulings on such a matter, absent abuse of discretion. Id.

Concerning the admission of testimony by lay witnesses, La.Code Evid. art. 701 states:

If the witness is not testifying as an expert, his testimony on the form of opinions or inferences is limited to those opinions or inferences which are:
(1) Rationally based on the perception of the witness; and
(2) Helpful to a clear understanding of his testimony or the determination of a fact in issue.

(Emphasis added.)

In the instant case, the defendant was trying to have Ms. Catorie state her opinion regarding whether or not he intended to inflict serious bodily injury.

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Cite This Page — Counsel Stack

Bluebook (online)
723 So. 2d 500, 1998 WL 857956, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robertson-lactapp-1998.