State v. Washington

188 So. 3d 350, 2016 La. App. LEXIS 492, 2016 WL 1039291
Louisiana Court of Appeal·Decided March 16, 2016·No. No. 50,424-KA·Published·Cited by 20 cases

Opinion

■CARAWAY, J.

ItQuennel Washington was charged by bill of information with one count of armed robbery and one count of attempted second degree murder. Following a jury trial, Washington was found guilty as charged on both counts and subsequently adjudicated a' second felony offender. He received concurrent sentences of 55 years at hard labor without benefits on the arined robbery conviction, and 45 years at hard labor without benefits for the attempted second degree murder conviction. Washington appeals his convictions and sentences. We affirm.

Facts

On May 24, 2013, as Kenneth Berry was working as a store manager at a dollar store in Shreveport, Louisiana, he took his usual cigaretté break at approximately 1:00 p.m. on the front sidewalk of the store. Berry finished his cigarette and heard someone running fast toward him. As Berry turned to see what was going on, a man was abruptly on top of him. Berry could tell it- was a black man wearing a [354] green hooded sweatshirt (“hoodie”). Berry was only able to see the man’s eyes, because the man’s face was covered with a bandana. 'While the man was on top of him, Berry testified that the man stated, “Take that, mother fucker,” and Berry fell face down onto the concrete sidewalk. Berry was unable to move or to feel any part of his body, except for the “incredible pain sensation” in his neck. Berry could also see a considerable amount of blood flowing, from his face. The pain and blood were the result of a stab wound caused by a knife partially penetrating Berry’s spine. He was rendered quadriplegic from the Uattack. Berry did not see the man again, but did hear his footsteps running past him after the'robbery.

After attacking Berry, the man quickly ran into the store, where Shamona Cooper was working as a cashier. The man demanded that Cooper give him the cash out of the cash register, swung a knife at Cooper, and told her, “Bitch, give me the money,” After grabbing something to scan, Cooper was able to open the register. The man told Cooper to place the money in a hat he was holding. After Cooper threw the money into the hat, the man quickly, left the store. According to Cooper, the robber was wearing a hood with something covering his face, blue jeans, and gloves. Cooper ran out of the store screaming Berry’s name. She found him on the ground stabbed and bleeding from the head. Cooper then went back into the store to call''911.

A ^customer in the store also witnessed the events.. She essentially corroborated Cooper’s version of the events point for point. The customer added that the man was holding a kitchen knife next to Cooper’s side and that as Cooper struggled to get cash from the register, the man threatened to stab the cashier. The customer eventually ran out the front door of the store and assisted Berry.

Because witnesses in the parking lot saw the robber flee toward the north side of the building, police searched a wooded area behind the store where they found a green hoodie, black jeans, ball cap,' tennis shoes, a kitchen knife and skull cap with money in it. Police also conducted DNA analysis on drops of blood left by the robber on the floor of the store. When Uthe blood did not match the victim, the DNA profiles generated were placed into the Combined DNA Index System by crime lab personnel. On August 1, 2013, police received information that a DNA match between the blood and Quennel Washington had been found. Police arrested Washington and obtained a DNA sample from him. On August 2, 2013, police showed Cooper a six-person photographic line-up from which she identified Quennel Washington as the robber.

A unanimous jury found Washington guilty of attempted second degree murder and armed robbery. Washington filed a motion for post-verdict judgment of acquittal which was denied. He was subsequently adjudicated a second felony offender based upon the armed robbery conviction and received concurrent sentences of 55 years at hard labor without benefits for that offense and 45 years at hard labor without benefits for the attempted second degree murder conviction. After the denial of a motion to reconsider his sentences, this appeal ensued. On appeal, Washington raises three assignments of error, including insufficiency of the evidence to convict him, issues relating to an invalid jury verdict and excessive sentencing.

Discussion

In his first assigned error, Washington claims that the eyewitnesses’ identification and DNA match are insufficient to prove he committed the crimes beyond a reason[355] able doubt. Further, Washington claims that the state failed to prove intent to kill, an essential element of attempted second | ¿degree murder, because Berry was not his intended target and his threats to the victim were inadequate to establish the necessary intent.

When issues are raised on appeal, both as to the sufficiency of evidence'and as to one or more trial errors, the reviewing court should first determine the sufficiency of the evidence. State v. Lewis, 48,373 (La.App.2d Cir.9/25/13), 125 So.3d 482.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), appellate courts review the record in the light most favorable to the prosecution to determine whether the evidence was sufficient to convince any rational trier of fact that all the essential elements of the crime had been proven beyond a, reasonable doubt. State v. Tate, 01-1658 (La.5/20/03), 851 So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct. 1604, 158 L.Ed.2d 248 (2004). This standard, now legislatively embodied in La.C.Cr.P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the factfinder. State v. Pigford, 05-0477 (La.2/22/06), 922 So.2d 517; State v. Dotie, 43,819 (La.App.2d Cir.1/14/09), 1 So.3d 833, writ denied, 09-0310 (La.11/6/09), 21 So.3d 297.

It is the function of the trier of fact to assess credibility and resolve conflicting testimony. State v. Thomas, 609 So.2d 1078 (La.App. 2d Cir.1992), writ denied, 617 So.2d 905 (La.1993); State v. Bonnett, 524 So.2d 932 (La.App. 2d Cir. 1988), writ denied, 532 So.2d 148 (La.1988). The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Smith, 94-3116 (La.10/16/95), 661 So.2d 442. A Previewing court accords great deference to a factfinder’s decision to accept or reject the testimony of a witness in whole or in part. State v. Eason, 43,788 (La.App.2d Cir.2/25/09), 3 So.3d. 685, writ denied, 09-0725 (La.12/11/09), 23 So.3d 913; State v. Price, 48,986 (La.App.2d Cir.5/15/14), 140 So.3d 1212, writ denied, 14-1274 (La.2/6/15), 158 So.3d 814.

Washington was charged with armed robbery in violation of La. R.S. 14:64, which provides:

Armed robbery is the taking of anything of value belonging to another from the person of another or that is in the immediate control of another, by tise of force or intimidation, while armed with a dangerous weapon:

Washington was also charged with attempted second degree murder, a violation of La. R.S. 14:30.1 and La. R.S. 14:27. La. R.S. 14:30.1 provides in pertinent part that:

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State v. Washington, 188 So. 3d 350, 2016 La. App. LEXIS 492, 2016 WL 1039291 (La. Ct. App. 2016).

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