State v. Sonnier

558 So. 2d 749, 1990 WL 27736
CourtLouisiana Court of Appeal
DecidedMarch 14, 1990
DocketCR89-776
StatusPublished
Cited by8 cases

This text of 558 So. 2d 749 (State v. Sonnier) 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. Sonnier, 558 So. 2d 749, 1990 WL 27736 (La. Ct. App. 1990).

Opinion

558 So.2d 749 (1990)

STATE of Louisiana, Plaintiff-Appellee,
v.
Stacy Lee SONNIER, Defendant-Appellant.

No. CR89-776.

Court of Appeal of Louisiana, Third Circuit.

March 14, 1990.

*750 John Lavern, Lake Charles, for defendant-appellant.

Beth Conrad, Asst. Dist. Atty., Lake Charles, for plaintiff-appellee.

Before FORET, STOKER and KING, JJ.

KING, Judge.

This appeal presents for our review alleged errors committed during the trial of defendant.

Stacy Lee Sonnier (hereinafter defendant) was indicted by the Calcasieu Parish Grand Jury for the second degree murder of Terrell Tucker in violation of La.R.S. 14:30.1. Defendant was arraigned and pled not guilty. He was tried by a jury of twelve and, on April 12, 1989, by a vote of ten of the twelve jurors, was convicted of second degree murder. On April 27, 1989, defendant was sentenced to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence. Defendant appeals his conviction and sentence, urging six assignments of error. We affirm.

*751 FACTS

On November 27, 1988, at approximately 7:00 A.M., the defendant and the victim, Terrell Tucker (hereinafter the victim), entered Mamie's Restaurant in Lake Charles, Louisiana, and seated themselves at a table already occupied by Michael Frances and Duane James. According to the testimony of Frances and James, the four of them visited while having breakfast, during which time defendant pulled a .25 caliber automatic pistol a couple of times and flashed it about in a playful manner.

The four men left the restaurant. Outside of the restaurant, an argument over $10.00, which defendant felt the victim owed him, developed between the defendant and the victim. While the argument was going on, defendant shoved the victim and pulled his gun out a couple of times and pointed it at the victim. At some point during the confrontation between the defendant and the victim, Frances and James, afraid of the actions of the defendant, left and walked across Enterprise Boulevard, the street which is in front of Mamie's Restaurant, and continued watching the argument from the other side of the street.

Frances and James saw the defendant aim the gun at the victim's face and shoot him. The defendant then pocketed the pistol and walked away from the scene, passing about ten feet from Frances and James.

Peter Brown was also an eyewitness to the shooting. He was parked on the median of Enterprise Boulevard in front of Mamie's Restaurant. Brown testified that he saw defendant push the victim back and tell him to "run." The defendant then pulled the pistol out, cocked it, and shot the victim in the face. Brown testified that he was about twenty feet away from the two men, that his view was clear and unobstructed, that his car windows were down, and that he could hear the defendant "clearly enough."

Frances, James, and Brown all identified the defendant as the person who killed the victim both in court and in pretrial photographic lineups.

Defendant was arrested and interrogated on November 30, 1988. He was then indicted by the Grand Jury for the second degree murder of Terrell Tucker, arraigned, and pled not guilty. On April 12, 1989, defendant was tried by a jury and found guilty of second degree murder. On April 27, 1989, defendant was sentenced to life imprisonment at hard labor without benefit of parole, probation, or suspension of sentence as is mandated by La.R.S. 14:30.1 B.

Defendant appeals his conviction and sentence asserting six assignments of error:

(1) The verdict is contrary to the law and the evidence;
(2) The trial court erred in admitting the hearsay testimony of Duane James, a State witness, concerning the contents of a telephone conversation with a person said to be the defendant;
(3) The trial court erred in admitting into evidence certain statements of the defendant taken during custodial interrogation, as they were not properly shown to have been made voluntarily and pursuant to a knowing and intelligent waiver of the defendant's constitutional rights;
(4) The trial court erred in denying the defense motion for a continuance of the trial of this matter when defense discovery motions were not answered until shortly prior to trial;
(5) The trial court erred in overruling the defense objection to the State's failure to furnish to the defense the initial offense report as defined in La.R.S. 44:3 A(4); and
(6) The trial court erred in permitting the hearsay testimony of the State's witness, Michael Frances, over the objections of the defense.

ASSIGNMENT OF ERROR NUMBER 1

Defendant argues that the verdict is contrary to the law and the evidence.

The standard for appellate review in determining the sufficiency of the evidence is whether, 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 proved *752 beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

The Louisiana Supreme Court further explained the meaning and applicability of the Jackson standard in State v. Mussall, 523 So.2d 1305 (La.1988):

"First, a review of a criminal conviction record for sufficiency of evidence does not require a court to `ask itself whether it believes that the evidence at the trial established guilt beyond a reasonable doubt' ... Second, a reviewing court must consider the record through the eyes of a hypothetical rational trier of fact who interprets all of the evidence as favorably to the prosecution as any rational fact finder can. Third, the inquiry requires the reviewing court to ask whether such a hypothetical rational trier of fact interpreting all of the evidence in this manner could have found the essential elements of the crime beyond a reasonable doubt." (Footnotes omitted.) State v. Mussall, 523 So.2d 1305, at pages 1309, 1310 (La.1988).

The defendant argues that the State failed to prove that his gun did not discharge accidentally. Defendant also claims that his specific intent to kill the victim or to inflict great bodily harm upon the victim was not proven. Second degree murder is the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. La.R.S. 14:30.1(A)(1). Specific intent is defined as the state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequence of his act or his failure to act. La.R.S. 14:10(1). Although specific intent is a state of mind, it is nevertheless a question of fact; however, it need not be proven as fact, but instead, may be inferred from the circumstances of the transaction and the actions of the defendant. State v. Massey, 436 So.2d 522 (La.1983); State v. Howard, 443 So.2d 632 (La.App. 3 Cir.1983), and cases cited therein, writ den., 444 So.2d 1215 (La.1984).

Defendant in his brief cites no legal authority supporting his position. The record overwhelmingly supports the decision of the trier of fact. Three eyewitnesses testified that they saw the defendant draw his weapon and shoot the victim. Brown testified that defendant pushed the victim, told him to "run," pulled his pistol and cocked it, and then shot the victim in the face at close range.

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Bluebook (online)
558 So. 2d 749, 1990 WL 27736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sonnier-lactapp-1990.