State v. Sloan

701 So. 2d 995, 1997 WL 594314
CourtLouisiana Court of Appeal
DecidedSeptember 24, 1997
Docket29787-KA
StatusPublished
Cited by6 cases

This text of 701 So. 2d 995 (State v. Sloan) 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. Sloan, 701 So. 2d 995, 1997 WL 594314 (La. Ct. App. 1997).

Opinion

701 So.2d 995 (1997)

STATE of Louisiana, Appellee,
v.
Darrin Tyrone SLOAN, Appellant.

No. 29787-KA.

Court of Appeal of Louisiana, Second Circuit.

September 24, 1997.

*996 Piper and Associates by Anthony Hollis, Shreveport, for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Karen M. Avery, Catherine M. Estopinal, Assistant District Attorneys, for Appellee.

Before MARVIN, C.J., and BROWN and PEATROSS, JJ.

PEATROSS, Judge.

Darrin Tyrone Sloan ("Defendant") was convicted by a jury of second degree murder in violation of LSA-R.S. 14:30.1, and the trial judge imposed the mandatory sentence of life imprisonment without benefit of parole, probation or suspension of sentence. Sloan appeals his conviction and sentence urging the following as error: (1) the trial court's failure to declare a mistrial based on the alleged prejudicial "extended display" of the State's Exhibit No. 5 which consisted of pictures of the deceased victim at the crime scene; (2) the court's failure to declare a mistrial based on the prosecutor's statements during closing arguments; and (3) the trial court's failure to render a post verdict judgment of acquittal because the evidence did not reasonably permit a finding of guilty. For the following reasons, we affirm the conviction and sentence.

FACTS

On January 24, 1995, Stephanie Walker ("Stephanie"), reported to her high school principal that she believed her boyfriend, the Defendant, may have committed a murder. The principal contacted the police and Detectives Allen Johnson and Jimmy Muller of the Shreveport Police Department responded. Stephanie told Johnson and Muller that on January 17, 1995, she saw a body in the trunk of her boyfriend's car and that the Defendant later told her that he killed the victim and disposed of the body. Stephanie also stated that another individual, known to her only as Roderick, was involved.

Subsequently, the investigating officers found a missing persons report for Larry Conner, who had been missing since January 17, 1995, the same day Stephanie said she saw the body in the trunk of the Defendant's car. Stephanie rode with Detectives Johnson and Muller in an unmarked car and identified the Defendant's house and his car, which was parked in the driveway of the house. As Johnson and Muller were meeting with several other officers at a location near the Defendant's home to discuss the case, the Defendant drove by in his car. The Defendant was stopped and arrested on outstanding warrants for unrelated charges and his passenger, Roderick Simmons ("Roderick") was also arrested on an outstanding warrant. The Defendant's car was impounded at that time.

After questioning by police, Roderick eventually led officers to the body of the victim. Following the execution of a search warrant at the Defendant's home and car, the Defendant was arrested for the second degree murder of Larry Connor. The Defendant denied his involvement in the crime and testified at his trial. The jury, nevertheless, found the Defendant guilty of second degree murder and he was sentenced to life in prison without benefit of parole, probation or suspension of sentence.

DISCUSSION

Post Verdict Judgment of Acquittal

When issues are raised on appeal, both as to the sufficiency of the evidence and *997 as to one or more trial errors, the reviewing court should first determine the sufficiency of the evidence. 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. Hearold, 603 So.2d 731 (La. 1992).

La.C.Cr.P. art. 821 provides that a motion for post verdict judgment of acquittal shall be granted only if the court finds that the evidence, viewed in a light most favorable to the state, does not reasonably permit a finding of guilty. This is a question of legal sufficiency. State v. Combs, 600 So.2d 751 (La.App. 2d Cir.), writ denied, 604 So.2d 973 (La.1992). The Defendant did not file a motion for post verdict judgment of acquittal with the trial court pursuant to La.C.Cr.P. art. 821, but raises the issue of sufficiency of the evidence in this court by assignment of error. See State v. Green, 28,994 (La.App.2d Cir. 2/26/97), 691 So.2d 1273. We find the evidence sufficiently supports Defendant's conviction of second degree murder.

This court's authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson v. Virginia, supra, and does not extend to credibility determinations made by the trier of fact. La. Const. art. 5, § 5(C); State v. Williams, 448 So.2d 753 (La.App. 2d Cir.1984). A reviewing court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. State v. Rogers, 494 So.2d 1251 (La.App. 2d Cir.1986), writ denied, 499 So.2d 83 (1987); State v. Bosley, 29,253 (La.App.2d Cir. 4/2/97), 691 So.2d 347.

In the absence of internal contradiction or irreconcilable conflict with physical evidence, one witness's testimony, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Carey, et al., 628 So.2d 27 (La.App. 2d Cir.1993); State v. Braswell, 605 So.2d 702 (La.App. 2d Cir.1992); State v. Emerick, 499 So.2d 195 (La.App. 2d Cir.1986).

In order to convict the Defendant of second degree murder, the State had to prove beyond a reasonable doubt (1) that the Defendant killed a human being and (2) that the offender had a specific intent to kill or inflict great bodily harm. LSA-R.S. 14:30.1; State v. Thompson, 27,512 (La.App.2d Cir. 12/6/95), 665 So.2d 643.

In an effort to prove the State's case, Detective Muller testified regarding his participation in the investigation of the murder. After responding to the call from the high school principal, Muller was the primary investigating officer of the murder and was responsible for securing the search warrants for the Defendant's house and car. Located behind the Defendant's house was a small metal building or shed where the murder allegedly took place. Numerous items were recovered from the shed and the Defendant's house during the execution of the search warrant.

Stephanie testified that the Defendant was her boyfriend and, between January 17 and January 24, 1995, she was living with him. Stephanie said that on the day the murder allegedly occurred, she was at the Defendant's house and he was acting "weird." The Defendant told her not to go outside and not to turn on any lights in the house; then he left with Roderick. On the Defendant's return to the house, Stephanie heard him in the garage. She opened the door, turned on the garage light and saw the Defendant and Roderick. While she stated she didn't get a chance to "really look," she saw a body in the trunk of the car and the Defendant and Roderick cleaning up blood.

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Cite This Page — Counsel Stack

Bluebook (online)
701 So. 2d 995, 1997 WL 594314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sloan-lactapp-1997.