State v. Williams

754 So. 2d 418, 2000 WL 231922
CourtLouisiana Court of Appeal
DecidedMarch 1, 2000
Docket32,993-KA
StatusPublished
Cited by10 cases

This text of 754 So. 2d 418 (State v. Williams) 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. Williams, 754 So. 2d 418, 2000 WL 231922 (La. Ct. App. 2000).

Opinion

754 So.2d 418 (2000)

STATE of Louisiana, Appellee,
v.
Alphonso Bernard WILLIAMS, Appellant.

No. 32,993-KA.

Court of Appeal of Louisiana, Second Circuit.

March 1, 2000.

*420 Gwendolyn K. Brown, Baton Rouge, Diane L. Foster, New Orleans, Counsel for Appellant.

Richard P. Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Tommy J. Johnson, Brian L. King, Assistant District Attorneys, Counsel for Appellee.

Before WILLIAMS, STEWART and GASKINS, JJ.

WILLIAMS, Judge.

The defendant, Alphonso Williams, was charged by an amended bill of information with unauthorized entry of an inhabited *421 dwelling, a violation of LSA-R.S. 14:62.3.[1] After a jury trial, the defendant was found guilty as charged. The defendant's motions for a new trial and post-verdict judgment of acquittal were denied. The trial court sentenced the defendant to serve five years at hard labor and ordered him to pay $750.00 in addition to court costs or, in default thereof, to serve six additional months in the parish jail. The trial court also ordered the defendant to pay $300.00 to the Caddo Parish Indigent Defender Office or, in default thereof, to serve six additional months in the parish jail. The defendant's motion to reconsider sentence was denied. The defendant appeals urging three assignments of error. For the following reasons, we affirm the defendant's conviction and sentence, but remand to the trial court for a determination of the defendant's indigency in reference to the default time imposed, in lieu of payment of the fine and costs.

FACTS

The defendant, Alphonso Williams, and the victim, Andrea Mitchell, began dating in May or June 1996. On August 25, 1996, shortly after 12:00 a.m., the defendant arrived at Mitchell's residence, the Pier Apartments, located at 3601 Dee Street in Shreveport, Louisiana. Mitchell testified that she and the defendant argued prior to his arrival and she informed him that she did not want to talk to him or to see him. Mitchell also testified that, when the defendant arrived at her apartment, she did not respond to his kicking and knocking at her door. The defendant kicked the door in and entered the apartment, and an argument ensued. Mitchell testified that she attempted to leave the apartment; however, the defendant physically restrained her. Eventually, Mitchell managed to escape. She telephoned her friend, Latonya McCullough, and asked for assistance. Shortly thereafter, McCullough and her boyfriend, Rodney Seamster, arrived at Mitchell's apartment. After an unsuccessful attempt to resolve the altercation, McCullough and Seamster left the apartment and went to a nearby public telephone to summon the police. While McCullough was on the telephone with the 911 operator, she saw the defendant and Mitchell pass in the defendant's vehicle traveling towards Bossier City, Louisiana. The 911 operator contacted the Bossier City Police Department.

When the defendant and Mitchell arrived at the defendant's apartment, they were met by Bossier City Police Officers. The defendant was charged by an amended bill of information with unauthorized entry of an inhabited dwelling. After a jury trial, the defendant was found guilty as charged and sentenced to serve five years at hard labor. In addition to his sentence of imprisonment, the trial court ordered the defendant to pay $750.00 in addition to court costs or, in default thereof, to serve six additional months in the parish jail. The trial court also ordered the defendant to pay $300.00 to the Caddo Parish Indigent Defender Office or, in default thereof, to serve six additional months in the parish jail. The defendant appeals urging three assignments of error.

DISCUSSION

Assignment of Error No. 1

By his first assignment of error, the defendant asserts that he was denied the effective assistance of counsel during trial. The defendant alleges that his trial attorney failed to move for a mistrial, request an admonition, or object to: (1) the prosecutor's repeated discussion of other crimes allegedly committed by the defendant; (2) Sergeant Johnny Coffey's testimony regarding his recollection of statements made by the defendant during a taped *422 interview; and (3) the state's introduction into evidence of a letter that the defendant had written to the victim while he was incarcerated.

As a general rule, a claim of ineffective assistance of counsel is more properly raised in an application for post-conviction relief in the trial court rather than by appeal. This is because post-conviction relief creates the opportunity for a full evidentiary hearing pursuant to LSA-C.Cr.P. art. 930. State ex rel. Bailey v. City of West Monroe, 418 So.2d 570 (La.1982); State v. Green, 27,652 (La. App.2d Cir.1/24/96), 666 So.2d 1302. However, if the record fully discloses the evidence necessary to decide the issue, it may be considered on direct appeal in the interest of judicial economy. State v. Ratcliff, 416 So.2d 528 (La.1982); State v. Smith, 25,841 (La.App.2d Cir.2/23/94), 632 So.2d 887; State v. Willars, 27,394 (La.App.2d Cir.9/27/95), 661 So.2d 673.

The right of a defendant in a criminal proceeding to the effective assistance of counsel is mandated by the Sixth Amendment to the United States Constitution. State v. Wry, 591 So.2d 774 (La.App. 2d Cir.1991). A claim of ineffectiveness of counsel is analyzed under a two-prong test developed by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

To establish that his counsel's assistance was so defective as to require reversal of the conviction, the defendant must demonstrate that the deficient performance prejudiced him to such an extent that he was deprived of a fair trial. State v. Wry, supra. This requires a showing that counsel made errors so serious that he was not functioning as the "counsel" guaranteed the defendant by the Sixth Amendment.

The relevant inquiry is whether counsel's representation fell below the standard of reasonableness and competency as required by prevailing professional standards demanded for attorneys in criminal cases. Strickland v. Washington, supra; State v. Moore, 575 So.2d 928 (La.App. 2d Cir.1991). The assessment of an attorney's performance requires his conduct to be evaluated from counsel's perspective at the time of the occurrence. A reviewing court must give great deference to trial counsel's judgment, tactical decisions and trial strategy, strongly presuming he has exercised reasonable professional judgment. State v. Moore, supra.

Second, the defendant must show that counsel's deficient performance prejudiced his defense. This element requires a showing that the errors were so serious as to deprive the defendant of a fair trial, i.e., a trial where the result is reliable. Strickland v. Washington, supra. The defendant must prove actual prejudice before relief will be granted. It is not sufficient for the defendant to show the error has some conceivable effect on the outcome of the proceedings. Rather, he must show that but for counsel's unprofessional errors, there is a reasonable probability the outcome of the trial would have been different. Strickland v. Washington, supra; State v. Pratt, 26,862 (La.App.2d Cir.4/5/95), 653 So.2d 174, writ denied, 95-1398 (La.11/3/95), 662 So.2d 9.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana Versus Miguel A. Ramirez
Louisiana Court of Appeal, 2022
State of Louisiana v. Daniel Ray Archangel
Louisiana Court of Appeal, 2013
State v. Bradley
101 So. 3d 986 (Louisiana Court of Appeal, 2012)
State v. Wells
64 So. 3d 303 (Louisiana Court of Appeal, 2011)
State v. McGuffie
962 So. 2d 1111 (Louisiana Court of Appeal, 2007)
State v. Dossman
940 So. 2d 876 (Louisiana Court of Appeal, 2006)
State of Louisiana v. Warren Todd Dossman
Louisiana Court of Appeal, 2006
State v. Jupiter
934 So. 2d 884 (Louisiana Court of Appeal, 2006)
State v. Marcotte
817 So. 2d 1245 (Louisiana Court of Appeal, 2002)
State Ex Rel. Kg
778 So. 2d 716 (Louisiana Court of Appeal, 2001)
State v. Alexander
774 So. 2d 1089 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
754 So. 2d 418, 2000 WL 231922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-williams-lactapp-2000.