State v. Torres

470 So. 2d 319
CourtLouisiana Court of Appeal
DecidedMay 13, 1985
Docket84-KA-685
StatusPublished
Cited by12 cases

This text of 470 So. 2d 319 (State v. Torres) 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. Torres, 470 So. 2d 319 (La. Ct. App. 1985).

Opinion

470 So.2d 319 (1985)

STATE of Louisiana
v.
Rafael TORRES.

No. 84-KA-685.

Court of Appeal of Louisiana, Fifth Circuit.

May 13, 1985.

*320 Douglas A. Allen, Jr., Harahan, for defendant-appellant.

John M. Mamoulides, Dist. Atty., Dorothy A. Pendergast, Asst. Dist. Atty., Gretna, for plaintiff-appellee.

Before BOWES, CURRAULT and DUFRESNE, JJ.

DUFRESNE, Judge.

The defendant, Rafael Torres, was charged by Bill of Information with simple burglary of a motor vehicle belonging to Pat Dennis, a violation of R.S. 14:62. He pled not guilty and was tried by a jury and was found guilty as charged. The district judge ordered a pre-sentence investigation and on October 24, 1984, sentenced the defendant to six (6) years at hard labor, with credit for time served. This appeal followed and the appellant alleges two assignments of error:

1. The trial court sentenced the appellant to six (6) years at hard labor which is excessive.

2. The State failed to offer any evidence that the defendant's entry into the vehicle in question was unauthorized and, therefore, it failed to meet its burden of proof under the rule laid down in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). The State also failed to prove an essential element of the crime of burglary under the rule laid down in State v. Searle, 339 So.2d 1194 (La.1976), e.g., that the defendant's entry into the car was unauthorized.

FACTS

At 10:30 p.m. on June 19, 1983, Sherry Hudson and Shelly Wagner were standing on the second floor balcony of the Wagner *321 residence when they noticed someone entering a car belonging to Pat Dennis, who was a friend of theirs. Dennis' car was in the parking lot of an apartment complex which was behind the Wagner residence. Wagner ran into the residence and spoke to Dennis on the phone, telling him someone was in his car.

Dennis, his father Frank, and his brother Chris ran out into the parking lot and discovered a man later identified as the defendant in Pat's car. The defendant was ordered out of the car and, as he exited, was struck in the face with the stock of a shotgun by Frank Dennis. The defendant then attempted to flee, but was chased down by Chris and Pat and brought back to the parking lot. While these events were taking place, Frank Dennis' girlfriend called the police.

Deputy Craig Pond of the Jefferson Parish Sheriff's Office arrived at the scene and was advised of the situation. After noting that the knobs on the radio in Pat Dennis' car had been removed, apparently by the defendant, Deputy Pond placed the defendant under arrest and brought him to First District lock-up.

ASSIGNMENT OF ERROR NO. 2

SUFFICIENCY OF EVIDENCE

In State v. Wright, 445 So.2d 1198 (La. 1984), the court adopted the following standard for use by appellate courts when addressing sufficiency questions:

The constitutional standard for testing the sufficiency of evidence, enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), requires that a conviction be based on proof sufficient for any rational trier of fact, viewing the evidence in the light most favorable to the prosecution, to find the essential elements of the crime charged beyond a reasonable doubt. Where circumstantial evidence is used to prove the commission of the offense, La. R.S. 15:438 mandates that: "Assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence."
This court has recognized that R.S. 15:438 is not a purely separate test from the Jackson standard to be applied instead of a sufficiency of the evidence test whenever circumstantial evidence forms the basis for the conviction. State v. Austin, 399 So.2d 158 (La. 1981). Ultimately, all evidence, both direct and circumstantial, must be sufficient under Jackson to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt. Due process requires no greater burden. R.S. 15:438 provides an evidentiary guideline for the jury when considering circumstantial evidence and facilitates appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. Exclusion of every reasonable hypothesis of innocence is therefore a component of the more comprehensive reasonable doubt standard, where circumstantial evidence is used to convict. Wright, supra at 1201.

The defendant was convicted of simple burglary of a motor vehicle, a violation of R.S. 14:62, which provides in pertinent part that "[s]imple burglary is the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, with the intent to commit a felony or any theft therein, other than as set forth in Section 60."

Thus, in order to convict the defendant of simple burglary, the State must have proven beyond a reasonable doubt that the defendant, without authorization, entered the victim's car, with the specific intent to commit a felony or any theft therein. State v. Lockhart, 438 So.2d 1089 (La. 1983); State v. Jacobs, 435 So.2d 1014 (La. App. 1st Cir.1983); State v. Gaudin, 430 So.2d 768 (La.App. 5th Cir.1983). At the moment of the unauthorized entry, the actor must intend to commit a felony or theft therein. State v. Lockhart, supra; State v. Pike, 426 So.2d 1329 (La.1983); State v. Jones, 426 So.2d 1323 (La.1983).

*322 That the defendant entered the victim's vehicle was established by the testimony of the State's witnesses. Hudson and Wagner stated that they saw the defendant enter the vehicle and called Pat Dennis. Chris Fernandez and Frank Dennis testified that they ran outside with Pat and found the defendant "sitting" in Pat's car. The defendant attempted to flee but was apprehended. Both men identified the defendant in court as the man they apprehended that night.

There was also substantial circumstantial evidence that the defendant was attempting to steal the radio from Pat Dennis' car. Frank Dennis testified that when he approached the car, the defendant was "bent over in the front seat fooling with the radio." Fernandez testified that they found "some kind of tool ... I don't remember what kind of tool it was ..." that the defendant was using to remove the radio. Deputy Pond testified that upon arriving at the scene he checked Pat Dennis' car to see if anything was wrong and discovered that "[t]he radio inside the vehicle—the fine tuning and the on and off knobs all had been taken off, but the radio had not been removed from the car. I asked the victim if it was normally like that and he said `No', it hadn't been like that...." Frank Dennis and Chris Fernandez also testified that the knobs had been removed from Pat Dennis' radio; Frank Dennis went on to state "he (the defendant) had told me the reason he broke in and stole mine—or my son's—trying to steal it, was that somebody had stolen his."

The facts set forth in the preceding paragraph show that the defendant entered Pat Dennis' vehicle with the intent to steal the radio.

Defense counsel has further urged in this assignment as to whether the State proved beyond a reasonable doubt that the entry into Pat Dennis' vehicle was unauthorized.

Pat Dennis did not testify at trial even though he was the owner of the burglarized vehicle.

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Bluebook (online)
470 So. 2d 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-torres-lactapp-1985.