State v. Sneed

571 So. 2d 735, 1990 WL 194166
CourtLouisiana Court of Appeal
DecidedDecember 5, 1990
Docket21975-KA
StatusPublished
Cited by8 cases

This text of 571 So. 2d 735 (State v. Sneed) 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. Sneed, 571 So. 2d 735, 1990 WL 194166 (La. Ct. App. 1990).

Opinion

571 So.2d 735 (1990)

STATE of Louisiana, Appellee,
v.
Bobby Ray SNEED and Eugene Wright, Appellants.

No. 21975-KA.

Court of Appeal of Louisiana, Second Circuit.

December 5, 1990.

*736 May & Beal by James E. Beal, Jonesboro, for appellants.

*737 William J. Guste, Jr., Atty. Gen., Baton Rouge, John C. Blake, Dist. Atty., Jonesboro, H. Russell Davis, Asst. Dist. Atty., Arcadia, for appellee.

Before MARVIN, C.J., SEXTON, J., and PRICE, J. Pro Tem.

SEXTON, Judge.

The defendants, Bobby Ray Sneed and Eugene Wright, were charged with and unanimously convicted of second degree murder, a violation of LSA-R.S. 14:30.1. Each defendant was sentenced to life imprisonment at hard labor without eligibility for parole, probation, or suspension of sentence for a period of 20 years.[1] On appeal, the defendants present six assignments of error. Finding none of the assignments of error have merit, we affirm the convictions and sentences of both defendants.

FACTS

During the early morning hours of June 13, 1974, Curtis E. Jones and his wife, Maude, were attacked as they slept in their home in Gibsland, Louisiana. The elderly couple were beaten, bound with wire, and robbed of approximately $700. After the attackers left, Mrs. Jones was able to loosen her bonds and summon help. By that time, however, Mr. Jones was dead as a result of the injuries he received in the attack.

Six men were involved in the crime. Three individuals, Charles Wayne Sneed, defendant Eugene Wright, and Arthur Gardner, entered the Jones residence; one of these three was armed with a shotgun. Defendant Bobby Ray Sneed and Andrew Rhodes stayed outside the home, apparently serving as lookouts. A sixth man, Alfred Critton, drove the automobile in which the men made their escape. Conflicting testimony revealed that either Charles Wayne Sneed or Arthur Gardner was the individual who severely beat Mr. Jones, ultimately killing him.

Bobby Ray Sneed, Eugene Wright, and Arthur Gardner were charged with first degree murder and found guilty of second degree murder. Each was sentenced to life imprisonment at hard labor. The defendants appealed their convictions, which were affirmed by the Louisiana Supreme Court. State v. Sneed, 328 So.2d 126 (La. 1976).

The defendants in the instant case, Bobby Ray Sneed and Eugene Wright, were granted post-conviction relief in 1986 based on the holding of the Louisiana Supreme Court in State v. Goodley, 398 So.2d 1068 (La.1981), appeal after remand, 423 So.2d 648 (La.1982). The defendants had been convicted by non-unanimous (10-2) verdicts, but the constitutional and statutory provisions, as interpreted in Goodley, require defendants charged with first degree murder to be convicted unanimously, even for responsive verdicts. Accordingly, the convictions were vacated and the defendants were retried on the charge of second degree murder. On May 1, 1987, they were unanimously convicted of second degree murder. The defendants now appeal this second conviction, alleging six assignments of error.[2]

ASSIGNMENT OF ERROR NO. 1

In their first assignment of error, the defendants assert that the trial court erred *738 in refusing their motions for severance. The motions to sever filed in the trial court alleged several grounds in support of the motions. On appeal, the defendants have limited their argument to a single ground, that the two defendants had antagonistic defenses which they were unable to adequately present in a single trial. Specifically, the antagonistic defenses are that Sneed contended that he did not enter the Jones household as Wright did, while Wright argued that Sneed was the mastermind of the planned robbery of Mr. and Mrs. Jones.

Jointly indicted defendants shall be tried jointly unless the state elects to try them separately or unless the court, on motion of the defendant, and after contradictory hearing with the district attorney, is satisfied that justice requires a severance. LSA-C.Cr.P. Art. 704. Whether justice requires a severance must be determined by the facts of each case. State v. Prudholm, 446 So.2d 729 (La.1984); State v. Turner, 365 So.2d 1352 (La.1978). A decision concerning severance is one resting in the sound discretion of the trial court, and a denial of a motion to sever will not be overturned on appeal absent a clear abuse of discretion. State v. Gaskin, 412 So.2d 1007 (La.1982); State v. Murphy, 463 So.2d 812 (La.App.2d Cir.1985), writ denied, 468 So.2d 570 (La.1985). A severance is necessary if the defenses of the co-defendants are mutually antagonistic to the extent a co-defendant attempts to place the blame on the other, causing each defendant to defend not only the charges brought against him by the state, but to defend against the allegations of his co-defendant as well. However, mere unsupported allegations that defenses will be antagonistic are not sufficient to require severance. State v. Prudholm, supra; State v. Turner, supra. Justice does not require a severance where only the extent of participation or degree of culpability of each defendant is at issue. Where the statements or testimony of both defendants implicate each as a principal, a severance is not mandated. State v. Gaskin, supra; State v. Simmons, 381 So.2d 803 (La. 1980), cert. denied, 449 U.S. 1036, 101 S.Ct. 612, 66 L.Ed.2d 498 (1980).

The evidence presented at trial fails to show the defendants had antagonistic defenses sufficient to warrant a severance. Although each defendant attempted to shift a greater proportion of the culpability for the crime away from himself, the testimony of each implicated both defendants as principals. Sneed's claim that he stayed outside the Jones residence and Wright's allegations that Sneed was the mastermind behind the armed robbery failed to absolve either of guilt for the second degree murder of Mr. Jones. Under either theory of the case, both Sneed and Wright fit the definition of principals as provided in LSA-R.S. 14:24. The trial court committed no error in denying the motions to sever.

ASSIGNMENT OF ERROR NO. 2

In their second assignment of error, the defendants contend that the trial court erred in declaring the defendants' motion for a bill of particulars to be satisfied prior to trial. Essentially, defendants' complaint is that although the state initially informed them that it intended to use the confessions of Alfred Critton, Andrew Rhodes, and Charles Wayne Sneed, it was not until five days prior to the trial date that the state filed an amended answer to the bill of particulars and motion for discovery in which it indicated it would use the testimony of both Alfred Critton, to whom it had granted immunity from prosecution, and Arthur Gardner, who had entered into a plea bargain in March 1987. Defendants allege that the testimony of these two witnesses was devastating to both defendants and altered the entire strategy of the defense. Defendants claim that notice that Critton and Gardner would be called as witnesses was not provided to them in a timely manner.

The record fails to indicate that defendants objected prior to trial to the state's amended bill of particulars or that they sought a continuance. They do not assert specific prejudice other than the untimeliness of the state's filing. Under these circumstances, there is no merit to this assignment of error. State v. Naas, 409 *739 So.2d 535 (La.1981), cert. denied, 457 U.S. 1119, 102 S.Ct. 2933, 73 L.Ed.2d 1332 (1982); State v. Vaccaro,

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Cite This Page — Counsel Stack

Bluebook (online)
571 So. 2d 735, 1990 WL 194166, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sneed-lactapp-1990.