State v. Wallace

754 So. 2d 991, 1999 WL 743960
CourtLouisiana Court of Appeal
DecidedSeptember 24, 1999
Docket98 KA 2450
StatusPublished
Cited by3 cases

This text of 754 So. 2d 991 (State v. Wallace) 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. Wallace, 754 So. 2d 991, 1999 WL 743960 (La. Ct. App. 1999).

Opinion

754 So.2d 991 (1999)

STATE of Louisiana
v.
Eric D. WALLACE.

No. 98 KA 2450.

Court of Appeal of Louisiana, First Circuit.

September 24, 1999.

*993 Doug Moreau, District Attorney by Stephen Pugh, John A. Cannon, Assistant District Attorneys, for State of Louisiana.

Katherine M. Franks, Baton Rouge, for Defendant/Appellant, Eric D. Wallace.

Before: CARTER, C.J., LeBLANC, and PETTIGREW, JJ.

CARTER, C.J.

The defendant, Eric D. Wallace, was charged by bill of information with one count of possession of a firearm in a firearm-free zone, a violation of LSA-R.S. 14:95.2. He pled not guilty. Following a bench trial, he was found guilty as charged. He was sentenced to two years at hard labor, credit for time served, with the remainder of the sentence suspended, subject to certain general and special conditions of probation. He moved for reconsideration of sentence, but the motion was denied. He now appeals, designating three assignments of error.

SUFFICIENCY OF THE EVIDENCE

In assignment of error number 1, the defendant contends the evidence was insufficient to negate his defense of self-defense.

In reviewing claims challenging the sufficiency of the evidence, this court must consider "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). See also LSA-C.Cr.P. art. 821 B; State v. Mussall, 523 So.2d 1305, 1308-09 (La. 1988).

LSA-R.S. 14:95.2, in pertinent part, provides:

A. Carrying a firearm, or dangerous weapon as defined in R.S. 14:2, by a student or nonstudent on school property, at a school sponsored function, or in a firearm-free zone is unlawful and shall be defined as possession of any firearm or dangerous weapon, on one's person, at any time while on a school campus, on school transportation, or at any school sponsored function in a specific designated area including but not limited to athletic competitions, dances, parties, or any extracurricular activities, or within one thousand feet of any school campus.
B. For purposes of this Section, the following words have the following meanings:
(1) "School" means any elementary, secondary, high school, vocational-technical school, college, or university in this state.
(2) "Campus" means all facilities and property within the boundary of the school property.
* * * * * *
(4) "Nonstudent" means any person not registered and enrolled in that school ....
LSA-R.S. 14:19 provides:
The use of force or violence upon the person of another is justifiable, when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession; provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this article shall not apply where the force or violence results in a homicide.

*994 In the non-homicide situation, a claim of self-defense requires a dual inquiry: first, an objective inquiry into whether the force used was reasonable under the circumstances, and, second, a subjective inquiry into whether the force used was apparently necessary. State v. Willis, 591 So.2d 365, 370 (La.App. 1st Cir.1991), writ denied, 594 So.2d 1316 (La.1992).

In a homicide case, the state must prove, beyond a reasonable doubt, that the homicide was not perpetrated in self-defense. However, Louisiana law is unclear as to who has the burden of proving self-defense in a non-homicide case. In previous cases dealing with this issue, this court has analyzed the evidence under both standards of review; namely, whether the defendant proved self-defense by a preponderance of the evidence or whether the state proved beyond a reasonable doubt that the defendant did not act in self-defense. Similarly, in the instant case, we need not and do not decide the issue of who has the burden of proving (or disproving) self-defense because under either standard the evidence sufficiently established the defendant did not act in self-defense. State v. Willis, 591 So.2d at 370-71.

At trial the defendant, who was twenty-three years old at the time of the offense, conceded he had retrieved his handgun from his vehicle at Glasgow Middle School, held it, and told approaching children "to back off." Defendant claimed he was "scared," but that the gun was unloaded. However, he conceded the weapon was loaded when it was recovered from his vehicle the day after the incident.

According to the defendant, he had gone to the school to pick-up his sister-in-law, Mary Ann Ricks, between 2:20 p.m. and 2:30 p.m. He saw Ricks running towards the office. He also saw two "guys[]" standing in front of the gym. He was not afraid of the "guys." As he approached Ricks, one of the guys, whom he claimed he only later learned was "Kenny," began cursing and yelling at him. Kenny told the defendant to get out of his car, and the defendant did so, "[t]o find out why he was cursing and yelling." The "other guy" walked to the gym to get "the other four or five guys." Then "everybody just come charging, running out the gymnasium toward the car." The defendant described two of the "guys" as looking "older and didn't look like they belong at the school." The other three "guys" were "small, looked like seventh or eighth graders." The defendant claimed that he was scared, so he grabbed his gun from under his car seat and told the "guys" to back off, without pointing the gun at anyone. The "guys" backed off because the principal and Ricks came out. When asked why he did not leave when he got scared, the defendant claimed that he had gone to the school to pick-up Ricks and was unaware of her whereabouts when the incident occurred.

On cross-examination, the defendant acknowledged that prior to the incident, he had been "upset" with Kenny because Kenny had called the defendant's house wanting to speak with Ricks. When asked where the "six or seven guys" went when the teachers came out, the defendant stated, "[t]o my knowledge, everybody was out there the whole time."

However, Glasgow Middle School teacher Sonya Ragusa testified that when she came out of the gym with Kenny's brother, Marcus, Kenny was standing by himself near the defendant. The only other people around were a few children waiting for their rides near the "gate in the back." Ragusa described how she had been in the gym when someone told her that a student "was going to be shot." Ragusa immediately exited the gym and saw the defendant walking around a car with a gun in his hand speaking to Kenny. When the defendant saw Ragusa, he went back around the car and placed the gun under the seat. When asked whether the defendant appeared to be in a confrontation with any other person or student, Ragusa *995 answered, "[o]nly he and Kenny when I was out there." Kenny was in the eighth grade and was a "true" eighth grader.

On re-direct examination, the defendant denied knowing who Kenny was at the time of the incident.

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Cite This Page — Counsel Stack

Bluebook (online)
754 So. 2d 991, 1999 WL 743960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wallace-lactapp-1999.