State v. Rouser

158 So. 3d 860, 2014 La.App. 4 Cir. 0613, 2015 La. App. Unpub. LEXIS 6, 2015 WL 112783
CourtLouisiana Court of Appeal
DecidedJanuary 7, 2015
DocketNo. 2014-KA-0613
StatusPublished
Cited by12 cases

This text of 158 So. 3d 860 (State v. Rouser) 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. Rouser, 158 So. 3d 860, 2014 La.App. 4 Cir. 0613, 2015 La. App. Unpub. LEXIS 6, 2015 WL 112783 (La. Ct. App. 2015).

Opinion

ROLAND L. BELSOME, Judge.

hln this criminal appeal, the defendant, Romero Rouser, challenges his convictions [864]*864and sentences for one count of manslaughter and two counts of attempted manslaughter. For the following reasons, we affirm.

PROCEDURAL HISTORY

The defendant was charged by grand jury indictment with one count of second degree murder (Count I), and two counts of attempted second degree murder (Counts II and III). He pled not guilty at arraignment. After a hearing, the trial court denied his motion to suppress the statement and identification. Following a jury trial, the defendant was found guilty of the responsive verdicts of manslaughter on Count I, and attempted manslaughter on Counts II and III. He was later sentenced to thirty years at hard labor on Count I and fifteen years at hard labor on Counts II and III, all sentences to be served concurrently. This appeal followed:

19FACTUAL BACKGROUND

On the afternoon of December 30, 2011, there was a fatal shooting as a result of an ongoing disagreement between Jumon Stubbs, the defendant’s brother, and Melvin James, Jr. (Melvin Jr.). Also among those present during the shooting were: David Lanoix, Troy James, Robert James, and Melvin James, Sr. (Melvin Sr.), Sindy James,1 Traver James, Stephen Ray, Emile Blackburn, and Derek Ford.

Stubbs and Melvin Jr., who were friends, had a verbal disagreement and began physically fighting over tire rims.2 Stubbs, who worked at a tire shop,- gave the rims to Melvin Jr. before receiving payment. He went to the One Stop Auto Repair shop, the James family’s business located in the 2600 block of North Miro Street, to collect either the money or the rims as year-end inventory at the tire shop was approaching. After the fight, Stubbs called 911, but later left the scene in his vehicle. He subsequently returned with the defendant and Derek Ford, calling 911 a second time to alert the police of his return. Another physical altercation ensued between Stubbs and Melvin Jr.

Once the second fight ended, Melvin Jr. crossed the street, where the defendant was standing near the open passenger’s door of his brother’s car. At that time, the defendant and Robert James began arguing. ■ When the defendant put his hands in Robert James’ face, Robert James punched the defendant and a third fight | (¡erupted.3 At some point, the defendant entered the vehicle removed a gun and began shooting.4 Just before the shooting, Stubbs was on the phone with 911 for the third time to alert the police that he “was into it” with someone over his rims and they threatened to go get a gun. The shooting occurred before the police arrived and can be heard on the 911 recording.

The defendant immediately fled the scene, but later turned himself in to the police.5 Melvin Jr. sustained fatal gunshot [865]*865wounds. Troy James and David Lanoix, a customer at the repair shop, sustained non-fatal injuries.

ERRORS PATENT

A review of the record reveals that the transcript and minute entries are inconsistent. While docket master and minute entries from the December 17, 2013, sentencing hearing reflect that the trial court incorrectly imposed all three sentences without the benefit of probation or suspension of sentence, the sentencing transcript properly contains no such restrictions on the sentences.6

14When there is a conflict between a minute entry and a transcript, the transcript controls. State v. Fortenberry, 11-22, p. 5 (La.App. 4 Cir. 7/27/11), 73 So.3d 391, 394 (citing State v. Randall, 10-27, p. 3 (La.App. 4 Cir. 10/27/10), 51 So.3d 799, 802; State v. Lynch, 441 So.2d 732 (La.1983)). Therefore, we remand the case and instruct the trial court to amend the pertinent docket master and minute entry from sentencing to conform with the transcript. We further direct the Clerk of Court to transmit the corrected documents to the officer in charge of the institution to which defendant has been sentenced and to the Louisiana Department of Corrections Legal Department. See La.C.Cr.P. art. 892(B)(2); State ex rel. Roland v. State, 06-244 (La.9/15/06), 937 So.2d 846 (per curiam).

SUFFICIENCY ASSIGNMENT OF ERROR

The defendant asserts three principal assignments of error related to sufficiency and admissibility of evidence, and excessive sentence. In reference to his sufficiency claim, the defendant raises two issues: 1) the evidence was insufficient to negate the claim of self-defense; and 2) the trial court erred when giving the jury instructions.

When addressing sufficiency claims, this court is controlled by the standard set forth by the United States Supreme Court in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), which dictates that to affirm a conviction, “the appellate court must determine that the evidence, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that |sall of the elements of the crime had been proved beyond a reasonable doubt.” State v. Captville, 448 So.2d 676, 678 (La.1984).

In the absence of internal contradiction or irreconcilable conflict with the physical evidence, one witness’s testimony, if believed by the trier of fact, is sufficient to support a factual conclusion. State v. Robinson, 02-1869, p. 16 (La.4/14/04), 874 So.2d 66, 79 (citation omitted). Under the Jackson standard, the rational credibility determinations of the trier of fact are not to be second guessed by a reviewing court. [866]*866State v. Juluke, 98-841 (La.1/8/99), 725 So.2d 1291, 1293 (per curiam) (citation omitted). “[A] reviewing court is not called upon to decide whether it believes the witnesses or whether the conviction is contrary to the weight of the evidence.” State v. Smith, 600 So.2d 1319, 1324 (La.1992) (citation omitted). A fact finder’s discretion will be impinged upon only to the extent necessary to guarantee the fundamental protection of due process of law. Juluke, 725 So.2d at 1293. Where rational triers of fact could disagree as to the interpretation of the evidence, the rational , trier’s view of all evidence most favorable to the prosecution must be adopted on review. Only irrational decisions to convict by the trier of fact will be overturned. State v. Winston, 11-1342, p. 8 (La.App. 4 Cir. 9/12/12), 100 So.3d 332, 337 (citations omitted).

Self-Defense/Justifíeation

The defendant does not dispute that the elements of manslaughter were proven beyond a reasonable doubt. Rather, he argues that the State failed to prove that he did not act in self-defense, i.e., that his actions were not lawfully justified.

| fiThis case involves a homicide victim and two non-homicide victims. La. R.S. 14:18 provides that “[t]he fact that an offender’s conduct is justifiable, although otherwise criminal, shall constitute a defense to prosecution for any crime based on that conduct.” La. R.S. 14:19 provides in part: “the use of force or violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person ...

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Bluebook (online)
158 So. 3d 860, 2014 La.App. 4 Cir. 0613, 2015 La. App. Unpub. LEXIS 6, 2015 WL 112783, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rouser-lactapp-2015.