State v. Thornton

836 So. 2d 1235, 2003 WL 183836
CourtLouisiana Court of Appeal
DecidedJanuary 29, 2003
Docket36,757-KA
StatusPublished
Cited by14 cases

This text of 836 So. 2d 1235 (State v. Thornton) 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. Thornton, 836 So. 2d 1235, 2003 WL 183836 (La. Ct. App. 2003).

Opinion

836 So.2d 1235 (2003)

STATE of Louisiana, Appellee,
v.
Melvin THORNTON, Appellant.

No. 36,757-KA.

Court of Appeal of Louisiana, Second Circuit.

January 29, 2003.

*1237 Louisiana Appellate Project, by J. Wilson Rambo, Paula C. Marx, Lafayette, for Appellant.

Richard Ieyoub, Attorney General, Robert W. Levy, District Attorney, Clifford R. Strider, III, Assistant District Attorney, for Appellee.

Before PEATROSS, KOSTELKA and HARRISON (Pro Tempore), JJ.

KOSTELKA, J.

Melvin Thornton ("Thornton") was convicted as charged of second degree murder, La. R.S. 14:30.1, and was sentenced to mandatory life imprisonment at hard labor, without benefit of parole, probation or suspension of sentence. He now appeals his conviction and sentence. We affirm.

FACTS

During the late evening hours of April 10, 1999, the Ruston, Louisiana Police Department received a report that a gunshot *1238 was heard in a particular neighborhood. Officer Travis Sullivan ("Sullivan") arrived at the scene and spoke to an adult male who reported hearing a single gunshot followed by the sound of a vehicle accelerating and crashing. Sullivan located a pickup truck on a nearby street which had apparently hit a mailbox and a parked vehicle before coming to a stop. Sullivan approached the truck and saw the body of a white male, later identified as Frank Dunaway ("Dunaway"), bleeding profusely from a gunshot wound to the back of his head. He had been shot once in the face at close range under the left eye with the bullet exiting the back of his head. An emergency vehicle took Dunaway to Lincoln General Hospital where he was pronounced dead.

The next evening, after nineteen-year-old Rodney Caldwell, Jr. ("Caldwell") identified Thornton as Dunaway's shooter, police began looking for Thornton. On April 12, 1999, the police received an anonymous tip that Thornton was hiding at his aunt's residence where he was later arrested. In a statement to police, Thornton denied any involvement in the shooting.

DISCUSSION

Sufficiency of the Evidence

First, it is appropriate that we address Thornton's sufficiency of the evidence complaint. State v. Hearold, 603 So.2d 731 (La.1992). The question of sufficiency of the evidence is properly raised by motion for post-verdict judgment of acquittal. La.C.Cr.P. art. 821; State v. Gay, 29,434 (La.App.2d Cir.06/18/97), 697 So.2d 642. The record shows that Thornton raised the issue of sufficiency of the evidence in the trial court in a joint motion for post-verdict judgment of acquittal and new trial. Accordingly, he has properly preserved the issue for appellate review.

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-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. State v. Bosley, 29,253 (La.App.2d Cir.04/02/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime. State v. Sutton, 436 So.2d 471 (La.1983).

This court's authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson, and does not extend to credibility determinations made by the trier of fact. State v. Williams, 448 So.2d 753 (La.App. 2d Cir.1984). A reviewing court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. Bosley, supra. In the absence of internal contradiction or irreconcilable conflict with physical evidence, one witness's testimony, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Bellamy, 599 So.2d 326 (La.App. 2d Cir.1992), writ denied, 605 So.2d 1089 (La.1992).

In pertinent part, second degree murder is the killing of a human being when the offender has a specific intent to kill or *1239 inflict great bodily harm or is engaged in the perpetration or attempted perpetration of an armed robbery. La. R.S. 14:30.1.

On appeal, Thornton argues that the state failed to exclude the reasonable hypothesis that Caldwell killed Dunaway. Specifically, Thornton argues that the witnesses' testimony, including that of Caldwell, implicating him as the perpetrator of the murder, was not believable.

This evidence included Caldwell's testimony that he witnessed Thornton shoot Dunaway while trying to rob him. Caldwell and Thornton had obtained a ride with Dunaway at John's Texaco station where they had gone to purchase beer. Caldwell testified that as he exited the back of the truck, he saw Thornton holding a gun in Dunaway's face while telling him to "give it up," and then Caldwell heard a shot.

Rodriguez Brantley ("Brantley") testified that he met Thornton while in jail and that Thornton confessed the entire crime to him. Brantley informed the jail warden. Brantley testified that Thornton told him that he shot Dunaway with a .38 handgun he stole from his grandfather. Vernon Kelson ("Kelson") also testified against Thornton and stated that while he was in jail, Thornton confessed the murder to him. Kelson stated that Thornton drew three maps outlining the crime scene and his involvement in it. Kelson presented the maps to the jail warden.

Michael Stelly, an expert in fingerprint identification, identified Thornton's fingerprints on the maps.

The remaining evidence included the testimony of Thornton's grandmother who testified that her husband reported his .38 pistol stolen. Officer Gerald Jenkins confirmed that such a report occurred on April 10, 1999. Additionally, Thornton's aunt, Lynetta Banks, contradicted Thornton's claim that he remained at her house the entire evening of the crime; she testified that Thornton was in and out of the house on that evening and that the last time she saw him he was playing a video game around midnight.

When viewed in the light most favorable to the state, we find this evidence sufficient to support Thornton's second degree murder conviction. The jury heard and evaluated Caldwell's testimony, including any inconsistencies contained therein. Obviously, the jury accepted that testimony as credible. We decline to disturb this determination. Certainly, if believed, Caldwell's eyewitness account of the shooting is alone sufficient to show that Thornton shot Dunaway during the perpetration of an armed robbery. Moreover, the jury could also have believed both Brantley's and Kelson's testimony that Thornton confessed the crime to them. If accepted, this testimony not only corroborates Caldwell's version of the events, but, when coupled with it, is more than adequate to support the conviction and exclude every other reasonable hypothesis of innocence.

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Bluebook (online)
836 So. 2d 1235, 2003 WL 183836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thornton-lactapp-2003.