State v. Stringfellow

674 So. 2d 1036, 1996 WL 229488
CourtLouisiana Court of Appeal
DecidedMay 8, 1996
Docket28074-KA
StatusPublished
Cited by5 cases

This text of 674 So. 2d 1036 (State v. Stringfellow) 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. Stringfellow, 674 So. 2d 1036, 1996 WL 229488 (La. Ct. App. 1996).

Opinion

674 So.2d 1036 (1996)

STATE of Louisiana, Appellee,
v.
Tony D. STRINGFELLOW, Appellant.

No. 28074-KA.

Court of Appeal of Louisiana, Second Circuit.

May 8, 1996.
Rehearing Denied June 20, 1996.

*1037 Truett West, Farmerville, for Appellant.

Richard Ieyoub, Attorney General, Robert Levy, District Attorney, A. Shawn Alford, Assistant District Attorney, for Appellee.

Before BROWN, WILLIAMS and CARAWAY, JJ.

BROWN, Judge.

Claiming the state failed to prove that he did not act in self defense, defendant, Tony Stringfellow, appeals his conviction for second degree murder. We affirm.

FACTS

Tony Stringfellow shot and killed Charles Curry on the night of March 13, 1994. Curry was at the apartment of LaTonya Bolden in Bernice, Louisiana. Although the events leading up to the shooting are generally undisputed, the circumstances prevailing at the moment the shooting occurred are controverted.

Stringfellow spent the afternoon of March 13 in the company of Terrance Winters, *1038 Laketa Murray, Lolita Johnson, and brothers Perry and Stanley Jackson. The group congregated at the Jackson's home in Farmerville, Louisiana. When Laketa and Lolita asked to be taken to their homes in Bernice, the group left in Winters' car and drove to Bernice where it was decided that they would visit Lolita's sister, LaTonya Bolden.

LaTonya, age 21, had just moved to an apartment in Bernice with her baby. Perry Jackson was romantically interested in LaTonya. Arriving at the apartment, the Farmerville group found LaTonya with three young men from Homer, Louisiana; Myron Allen, Antonio Harris, and Charles Curry. LaTonya was dating Charles Curry and the Homer group had spent the weekend helping LaTonya settle into her new apartment.

When the three women moved to the rear of the apartment to talk in private, the men went outside. The men from Homer left first. As the Farmerville group went out, Antonio Harris punched Perry Jackson in the mouth. The blow was unexpected and seemingly unprovoked. The single punch split Harris's lip and may have broken his teeth. As the Farmerville men moved in to assist Jackson, Myron Allen produced a Tec-9 semi-automatic pistol. Hearing the commotion outside, LaTonya feared that she might be evicted from her new apartment. Accordingly, she asked the Farmerville group to leave.

Stringfellow, Winters and the Jackson brothers took Laketa and Lolita home and then returned to Farmerville. The group drove to Stringfellow's house where he got a 12 gauge pump-action shotgun. Terrance Winters supplied two number-four buckshot shells. The group picked up a third Jackson brother, Phillip Jackson, and returned to LaTonya's apartment.

While Perry, Phillip, and Terrance stayed in the car, defendant and Stanley Jackson approached the apartment door. Stringfellow carried the shotgun. Defendant knocked on the apartment door and made himself known. LaTonya's 14 year old sister, Destiny Brown, opened the door. Charles Curry, who had been in bed with LaTonya, heard defendant's voice and walked into a hallway. At this point, the testimony widely differs as to what occurred. According to Destiny, when Curry saw Stringfellow, he turned to run. Stringfellow fired a single round striking Curry in his right hip and pelvic area. Stringfellow and Stanley Jackson ran to the waiting car and sped away.

Curry later died at the hospital. Defendant and his group hid the shotgun in the nearby town of Spearsville, Louisiana and returned to Farmerville. As they approached Stringfellow's house, the group observed police vehicles parked in the driveway. Fearing apprehension, the group drove to the home of defendant's aunt. The aunt persuaded defendant to surrender to the police. Stringfellow initially attempted to mislead authorities by recounting a fictitious alibi concocted by the getaway car occupants. Defendant later admitted to shooting Curry, but claimed that he fired only in self defense after Curry produced a gun and attempted to fire first. Stringfellow was indicted and ultimately convicted of second degree murder. Defendant's motion for new trial, based on alleged prejudice stemming from the inconsistent testimony of a witness, was denied. This appeal follows.

DISCUSSION

The substance of defendant's argument is an attack on the sufficiency of the evidence.[1] The preferable procedural vehicle for raising the issue of sufficiency of the evidence is by a motion in the trial court for post-verdict judgment of acquittal. LSA-C.Cr.P. Art. 821. Defendant did not present the sufficiency issue to the trial court, but raises it on appeal arguing that the evidence presented by the state was insufficient to prove beyond a reasonable doubt that the *1039 homicide was not committed in self-defense. Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard of appellate review for a sufficiency of the evidence claim 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 proven beyond a reasonable doubt.

Second degree murder is defined in part as the killing of a human being when the offender has a specific intent to kill or to inflict great bodily harm. LSA-R.S. 14:30.1(A)(1). To support a conviction of second degree murder, the state must show that defendant had specific intent to kill or inflict great bodily harm. State v. Brooks, 505 So.2d 714 (La.1987), cert. denied, 484 U.S. 947, 108 S.Ct. 337, 98 L.Ed.2d 363 (1987). Specific intent is that state of mind which exists when the circumstances indicate that the offender actively desired the proscribed criminal consequences to follow his act or his failure to act. LSA-R.S. 14:10(1); State v. Lindsey, 543 So.2d 886 (La.1989), cert. denied 494 U.S. 1074, 110 S.Ct. 1796, 108 L.Ed.2d 798 (1990), and reh'g denied, 495 U.S. 966, 110 S.Ct. 2579, 109 L.Ed.2d 761 (1990).

A homicide is justified when committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger. LSA-R.S. 14:20(1). A defendant who raises self-defense as justification for his act does not have the burden of proof on that issue. Because of its burden to prove a criminal act, the state must show beyond a reasonable doubt that there was no justification or self-defense. State v. Harvey, 26,613 (La.App. 2d Cir. 01/25/95), 649 So.2d 783.

In addition to the basic facts recounted above, Stringfellow provided the following details in his statement to police and in his testimony at trial. The Farmerville group had encountered the young men from Homer on several occasions while visiting LaTonya. Competing affections for LaTonya had led to aggressive posturing between the groups, including the brandishing of weapons by the Homer group. During the altercation in which Perry Jackson was punched, defendant claims to have seen both the Tec-9 and another nine-millimeter pistol. Although it was LaTonya who asked the Farmerville group to leave, defendant and his friends claimed to believe that she did so under pressure from Charles Curry and that they returned that night to talk to LaTonya.

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Bluebook (online)
674 So. 2d 1036, 1996 WL 229488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stringfellow-lactapp-1996.