State v. Thomas

662 So. 2d 798, 1995 WL 637849
CourtLouisiana Court of Appeal
DecidedNovember 1, 1995
Docket27504-KA
StatusPublished
Cited by4 cases

This text of 662 So. 2d 798 (State v. Thomas) 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. Thomas, 662 So. 2d 798, 1995 WL 637849 (La. Ct. App. 1995).

Opinion

662 So.2d 798 (1995)

STATE of Louisiana, Plaintiff-Appellee,
v.
John C. THOMAS, Defendant-Appellant.

No. 27504-KA.

Court of Appeal of Louisiana, Second Circuit.

November 1, 1995.

*799 Indigent Defender Board by Allan R. Harris and John Lawrence, Shreveport, for Appellant.

Paul J. Carmouche, District Attorney, H. Ted Cox and Tommy J. Johnson, Asst. District Attorneys, Shreveport, for Appellee.

Before NORRIS and BROWN, JJ., and CLARK, J. Pro Tem.

NORRIS, Judge.

John C. Thomas was charged by bill of information with possession of a firearm by a convicted felon, La.R.S. 14:95.1. After a 12-member jury found him guilty as charged, the district court sentenced him to eight years at hard labor without benefit of parole, probation or suspension of sentence, and a fine of $1,000. Thomas now appeals his conviction and sentence. We affirm.

Factual background

Thomas, age 48 at the time of the offense, was the estranged boyfriend of Mary Banks and father of her 16-year old son. Some two weeks prior to November 26, 1993, Mary asked Thomas to move out of her house. He did so, taking all his belongings except a dog. On the evening of November 26, Thomas returned to the house to feed the dog. Mary let him do so, and afterward he came in the house to wash his hands. Mary had several guests in the house, including her friends Barbara Banks, Mary Jo Williams and Governor Floyd. When Thomas came in, he got angry at seeing Floyd there; he started an argument with the comment that Floyd was "her boy." Both Barbara Banks and Mary Jo Williams testified that Thomas appeared to have a gun in his pocket, as he repeatedly placed his right hand in his pants pocket; Ms. Williams added that he seemed to "pick up" something in the pocket. Mary tried to call the police, but Thomas took the receiver from her and hung up the phone. Eventually, however, Mary persuaded Thomas to leave. He did so without incident.

A few minutes later, Mary Jo Williams and Governor Floyd also started to leave. As they were getting into the car, they noticed Thomas walking back toward Mary's house. As he passed under a street light, Ms. Williams saw a gun in his hand. She wanted to shout a warning to Mary and Barbara Banks inside, but was afraid Thomas might shoot her. She and Floyd decided to drive to a phone and call the police. As they left, she saw Thomas at the front porch.

Mary and Barbara Banks, still inside the house, heard a knock at the door. Barbara went to the door; they heard Thomas's voice. Mary told Barbara, "Don't open it." Barbara complied. The women then heard a noise which Mary described as Thomas slamming shut the screen door, and Barbara said must have been Thomas kicking a little chair off the porch.

Seconds later, they heard gunfire. Barbara testified that one bullet went right past her, into a wall. They took cover and called the police, who arrived in about 10 minutes. Barbara heard a total of three shots; Mary heard five.[1]

*800 Officer B.W. Strange of the Shreveport Police Department testified that Thomas was arrested in Bossier City, transported to jail in Shreveport and given Miranda warnings. He gave a statement admitting that he had been present at Mary Banks's house twice that day, but said the second time, when he was standing on the front porch, a car drove by and fired shots. Fearing he was being shot at, Thomas said he fled the scene. He could not identify the drive-by car. He denied that he had a gun. The police never recovered a weapon.

Discussion: Sufficiency of evidence

By his first assignment, Thomas urges the state failed to prove beyond a reasonable doubt that he was previously convicted of a felony enumerated in La.R.S. 14:95.1. Specifically he contends that the bills of information and court minutes, introduced as Exhibits S-1 through 4, bear no identifying information other than the name "John Charles Thomas"; and that the "pen pack," a prison record introduced as Exhibit S-5, also lacked independent verification that any of its component documents were the same as those listed in S-1 through 4. In support, he cites State v. Curtis, 338 So.2d 662 (La.1976), which holds that the mere "identity of name of defendant and the person previously convicted" is not sufficient to establish identity in a multiple offender prosecution. He also cites State v. Brown, 496 So.2d 417 (La.App. 4th Cir.1986),[2] which holds that certified copies of a bill of information and minute entry of conviction for a person having the same name as the defendant are not adequate to prove the defendant is the same person previously convicted of the offenses charged in the certified documents.

The standard of appellate review for sufficiency of 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 beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979); State v. Cotton, 25,940 (La.App.2d Cir. 3/30/94), 634 So.2d 937. The Jackson standard applies to cases involving both direct and circumstantial evidence. State v. Sutton, 436 So.2d 471 (La.1983).

To convict a defendant of possession of a firearm by a convicted felon, the State must prove beyond a reasonable doubt that he was previously convicted of one of the felonies enumerated in La.R.S. 14:95.1.[3]State v. Husband, 437 So.2d 269 (La.1983); State v. Lewis, 535 So.2d 943 (La.App. 2d Cir.1988), writ denied 538 So.2d 608 (1989), cert. denied 493 U.S. 963, 110 S.Ct. 403, 107 L.Ed.2d 370 (1990).

The State introduced Caddo Parish bills of information charging John Charles Thomas with attempted murder and simple robbery, and certified copies of Caddo Parish court minutes from the dates on which John Charles Thomas pled guilty and was sentenced on these offenses. He received sentences of 20 and five years at hard labor, to run concurrently. Diane Doughty, a Caddo Parish Deputy Clerk of Court, testified that certified copies of these documents are sent to the Department of Corrections; Jane Baker, a records manager with the Department, testified that the information is included in *801 each inmate's "pen pack" or master prison record.

The pen pack for John Charles Thomas was introduced as Exhibit S-5. Ms. Baker also testified that after his commitment to Angola Prison in 1970, John Charles Thomas was paroled in October 1975; imprisoned again in March 1982 for parole violation; escaped from prison in October 1982 and was recaptured in November 1984; returned to Wade Correctional Center in June 1987; and finally released from Wade in May 1991. The pen pack included a photo of John Charles Thomas, with his DOC number, as well as three sets of fingerprints, taken March 3, 1982, June 3, 1987 and May 14, 1991 (corresponding with Thomas's return to Wade on parole violation, his return to Wade after the escape, and his discharge). The prints were introduced separately as Exhibit S-7. Ms. Baker testified that she recognized Thomas, having seen him on "call-out" and processed him when he was released, and that S-5 was his master criminal record.

Caddo Parish Sheriff's Deputy Owen McDonnell was tendered and accepted as a fingerprint expert. During trial he obtained inked impressions of Thomas's fingerprints, introduced as Exhibit S-9.

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Bluebook (online)
662 So. 2d 798, 1995 WL 637849, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thomas-lactapp-1995.