State v. Scott

496 So. 2d 571, 1986 La. App. LEXIS 7899
Louisiana Court of Appeal·Decided October 15, 1986·No. No. 86 KA 0184·Published·Cited by 2 cases

Opinion

CRAIN, Judge.

Ricky T. Scott was charged by bill of information with simple burglary, in violation of La.R.S. 14:62. He pled not guilty, was tried by jury and found guilty of the responsive verdict of attempted simple burglary. He was subsequently charged, adjudged and sentenced as a multiple felony offender. The court sentenced him to be confined for a term of ten years at hard labor to run consecutively to the sentence for a previous, unrelated simple burglary ' conviction. He has appealed urging three assignments of error:

1. The trial court erred in sustaining the state’s objection to defense counsel’s question to Wayne Scott regarding defendant’s attendance at the Wonderland Day Camp.
2. The jury's verdict was contrary to the law and to the evidence.
3. The sentence imposed was excessive and improper and amounted to cruel and unusual punishment.

FACTS

On March 3, 1985, Houma City police officer Troy Naquin was on patrol during the early morning hours. At East and West Streets, he noticed that the door on a mobile home inside a mobile home sales’ lot had been opened. About an hour earlier, Naquin had noticed the door was closed. Observing the open door, he drove his police unit onto the mobile home lot and positioned the unit with its headlights facing the open door. While Naquin waited for a back-up police unit, defendant peeked out from behind the door of the mobile home. [573]*573Naquin told defendant to come outside. Defendant complied and told Naquin he had been sleeping in the mobile home. The officer placed defendant against his police unit, frisked him and read him his Miranda rights, which defendant stated he understood. Defendant made another statement, saying he had been inside “looking around.”

Officer Naquin then contacted Douglas Voclain, a part owner and employee of Houma Mobile Homes, who came to the scene and informed the officer that defendant did not have permission to be inside the home. At the officer’s request, Voclain checked the interior of the home and determined that nothing was missing. The front door to the home had been pushed in and the striker plate on the door frame had been broken, apparently as a result of kicking or pushing the door open. Voclain noticed that the stove had been pulled out to the center of the kitchen and that the dresser in the back bedroom had also been moved to a location near the entrance to the bedroom.

After defendant was arrested, he made another statement to the effect that he had been inside the home looking for a restroom to use.

Perry Voclain, who at the time of the incident was employed by Houma Mobile Homes as a general manager and salesman, had checked the mobile home in question on March 2, secured it and determined it was locked. On the date in question, neither sewer, water nor other utilities were connected to the home.

ASSIGNMENT OF ERROR NO. 1:

By means of this assignment, defendant contends that the trial court erred in sustaining the state’s objection to defense counsel’s question to Wayne Scott, defendant’s brother, regarding defendant’s attendance at the Wonderland Day Camp.

In support of his position, defendant directs our attention to defense counsel’s opening statement at trial, during which defense counsel admitted that defendant entered the mobile home in question without permission from the owner or manager but differed with the state as to why defendant was inside the home, stating that he would show that defendant is mentally retarded, and defendant’s mental retardation reasonably accounted for his explanation for going inside the mobile home. Mental retardation would not be used to negate specific intent, rather, the attempt to steal would be denied. The state countered that defense counsel’s statement in opening argument regarding defendant’s being mentally retarded was irrelevant and immaterial and not an available defense since the issue of defendant’s sanity had already been decided. The trial court, however, overruled the state’s objection and allowed defense counsel to continue his opening statement. Thereafter, defense counsel again alluded to defendant’s mental capacity as providing a basis for a reasonable belief that defendant entered the home to look around, use the bathroom or go to sleep.

Following the conclusion of the state’s case in chief, defense counsel called his only witness, Wayne Henry Scott, defendant’s brother. Defense counsel asked the witness whether defendant ever attended Wonderland Day Camp (evidently a school for the mentally retarded). The state objected to the question on the grounds of relevancy, and the trial court sustained the objection. Defense counsel objected to the trial court’s ruling, asked no further questions, and called no other witnesses.

La.C.Cr.P. art. 651 provides in pertinent part: “When a defendant is tried upon a plea of ‘not guilty’, evidence of insanity or mental defect at the time of the offense shall not be admissible.” We decline to decide whether this evidence was admissible pursuant to La.C.Cr.P. art 651 and the related jurisprudence. The trial court sustained the state’s objection on the grounds of relevancy and not pursuant to art. 651. The only question defense counsel asked was whether or not defendant had attended the Wonderland Day Camp. This question was addressed to defendant’s brother. No expert medical testimony was offered. It was within the trial court’s discretion to [574]*574disallow the answer on the grounds of relevancy.1

This assignment lacks merit.

ASSIGNMENT OF ERROR NO. 2:

By means of this assignment, defendant asserts that the verdict was contrary to the law and evidence. Defendant in essence admits the state proved all the elements of the instant offense except that he possessed the specific intent to commit a felony or theft inside the structure.

The proper method to raise the issue of insufficient evidence is by motion for post verdict judgment of acquittal pursuant to La.C.Cr.P. art. 821. State v. Korman, 439 So.2d 1099 (La.App. 1st Cir.1983). The record does not indicate defendant made such a motion. A reviewing court, in spite of defendant’s failure to proceed properly, must consider the evidence to determine whether or not it meets the constitutional standards of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), now codified in art. 821. State v. Bell, 442 So.2d 715 (La.App. 1st Cir.1983), writ denied, 444 So.2d 1244 (La.1984). The standard set forth in art. 821 is whether or not, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. State v. Walker, 447 So.2d 54 (La.App. 1st Cir.1984). The Jackson standard of art. 821 is an objective standard for testing the overall evidence, direct and circumstantial, for reasonable doubt. When analyzing circumstantial evidence, La.R.S. 15:438 provides that the finder of fact must be satisfied the overall evidence “excludes every reasonable hypothesis of innocence”. La.R.S. 15:438 does not establish a stricter standard of review than the Jackson standard but “provides a helpful methodology for its implementation in cases which hinge on the evaluation of circumstantial evidence.” State v. Chism,

Free access — add to your briefcase to read the full text and ask questions with AI

State v. Scott, 496 So. 2d 571, 1986 La. App. LEXIS 7899 (La. Ct. App. 1986).

496 So. 2d 571 (State v. Scott) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. Abrams
527 So. 2d 1057 (Louisiana Court of Appeal, 1988)
State v. Scott
501 So. 2d 766 (Supreme Court of Louisiana, 1987)