State v. Stevenson

514 So. 2d 651
CourtLouisiana Court of Appeal
DecidedOctober 28, 1987
Docket18977-KA
StatusPublished
Cited by6 cases

This text of 514 So. 2d 651 (State v. Stevenson) 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. Stevenson, 514 So. 2d 651 (La. Ct. App. 1987).

Opinion

514 So.2d 651 (1987)

STATE of Louisiana, Appellee,
v.
Wilbert STEVENSON, Appellant.

No. 18977-KA.

Court of Appeal of Louisiana, Second Circuit.

October 28, 1987.

*653 Hunter, Scott, Blue, Johnson & Ross, by Daryl Blue, Monroe, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, James A. Norris, Jr., Dist. Atty., Kathy R. McCoy, Asst. Dist. Atty., Monroe, for appellee.

Before HALL, JASPER E. JONES, and NORRIS, JJ.

JASPER E. JONES, Judge.

The defendant, Wilbert Stevenson, was convicted of manslaughter by jury in Ouachita Parish. The defendant was sentenced to 21 years at hard labor. The defendant appeals the conviction and sentence. We affirm.

The defendant appeals his conviction and sentence, relying on the following six assignments of error:

Assignment of Error No. 1:

The trial court committed prejudicial error when it failed to order the Ouachita Parish District Attorney to provide defendant with Rudolph Donald's arrest and/or conviction records.

Assignment of Error No. 2:

The court erred when it denied defendant's motion for post verdict judgment of acquittal, or in the alternative a new trial.

Assignment of Error No. 3:

The trier of fact erred in finding defendant guilty in that a rational trier of fact could not have found defendant guilty beyond a reasonable doubt based on the evidence presented.

Assignment of Error No. 4:

Honorable Judge Michael Ingram erred and abused his discretion in sentencing defendant to 21 years at hard labor.

Assignment of Error No. 5:

A sentence of 21 years at hard labor is harsh and excessive when viewed with the sentencing guidelines set forth by LSA-C.Cr.P. art. 894.1 and the facts of this case.

Assignment of Error No. 6:

The trial court erred when it failed to order the state to inform defendant of what actions he had allegedly taken toward the commission of the offense charged.

FACTS

The record reveals the following facts when viewed most favorably to the state:

On March 30, 1985, the defendant was walking along the sidewalk of the seven hundred block of DeSiard Street in Monroe, Louisiana. The defendant was approached by the victim, Rudolph Donald. Donald stepped on the defendant's foot. Hostile words were exchanged and Donald slapped the defendant in the face. A fight between the two men began which lasted approximately 45 minutes. Though the victim precipitated the fight the defendant was at all times in total control of the fight and struck the victim at will. However, during a lull in the fight the victim succeeded in arming himself with a large tree limb from the rear of a nearby alley. The limb was approximately two inches thick and several feet long. Donald struck the defendant across the chest with the limb which broke upon impact. The defendant grabbed the remaining portion of the limb held by Donald, and both men fell to the ground. The defendant succeeded in wresting the limb from Donald's grasp and for the remainder of the fight, as in that part of the fight before the victim armed himself with the limb, the defendant was in complete control of the fight and had no basis to believe he was in any danger from the disarmed victim. The defendant struck Donald two or *654 three times with the limb. At least two of the blows with the limb were imposed upon the head and neck of the victim and the last of these licks was struck while the victim was lying motionless upon the ground. The defendant then kicked Donald about the head and chest before leaving the scene to enter a nearby bar. The trauma upon the victim was inflicted with such force that three areas of his body were so seriously injured that the damage to any of the three areas could have caused his death. His skull was shattered and brain extensively damaged. His cervical spine was torn and seriously injured. His lungs and heart were injured to a great degree. Donald died as a result of the injuries inflicted during the fight.

Assignments of Error No. 1 and No. 6

Defendant contends the trial court erred when it failed to order the state to supply specific answers to defendant's bill of particulars. Defendant argues he was prejudiced in his defense because the state was not required to provide (1) the victim's arrest and conviction records, nor (2) information as to the actions allegedly taken by the defendant toward the commission of the offense.

After the state declined to answer the defendant's requests contained in the bill of particulars, defendant requested a hearing to require the state to respond. At the hearing, the trial court ruled the bill of particulars to be an improper discovery device for obtaining the victim's criminal record. The trial judge denied the defendant's second request because the state had adequately advised the defendant of his action which committed the crime when the state advised the charge was based upon LSA-R.S. 14:31(1), which defines manslaughter as a killing under facts that would have been first or second degree murder except for their commission having occurred while defendant was provoked sufficiently to deprive an average person of his self control and cool reflection.

The function of the bill of particulars is to inform the defendant more specifically of the nature of the charge against him. LSA-C.Cr.P. art. 484. The bill of particulars may not be used to obtain the state's evidence. State v. Huizar, 414 So.2d 741 (La.1982); State v. Creel, 490 So.2d 711 (La.App. 2d Cir.1986).

The granting or refusal of a bill of particulars is within the discretion of the trial court and its ruling will not be disturbed unless a clear abuse of that discretion is shown. State v. Burch, 365 So.2d 1263 (La.1978).

The defendant's request for the victim's criminal record is beyond the scope of the bill of particulars. The victim's criminal record is evidential in nature and could have been more appropriately sought under discovery. Further, the defendant has not shown he was prejudiced as the record reveals no subsequent attempts to gain the information were made after the hearing on the bill of particulars.

The defendant was adequately informed of the nature of the charge against him by the state's answer to another particular wherein the defendant was advised he was charged under 14:31(1)[1]. Any further information sought by the defendant concerning how the state had determined the defendant had committed the alleged offense would require the state to reveal evidence. Such details are not required to be supplied by the state. State v. Jenkins, 338 So.2d 276 (La.1976). We find no abuse of the trial court's discretion and these assignments are without merit.

Assignment of Errors No. 2 and No. 3

The defendant contends the trial court erred in denying his motion for post verdict *655 judgment of acquittal or, in the alternative, a new trial. Defendant maintains there was insufficient evidence to support the verdict in that the state failed to prove beyond a reasonable doubt the offense was not committed in self-defense.

In a homicide prosecution where the defendant claims self-defense, the state must prove beyond a reasonable doubt that the homicide was not committed in self-defense. State v. Brown, 414 So.2d 726 (La. 1982); State v. Ruff, 504 So.2d 72 (La.App. 2d Cir.1987), writ den., 508 So.2d 64, 65 (La.1987).

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Bluebook (online)
514 So. 2d 651, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stevenson-lactapp-1987.