State v. Wilson

508 So. 2d 960, 1987 La. App. LEXIS 9576
CourtLouisiana Court of Appeal
DecidedJune 3, 1987
DocketNo. KA-4872
StatusPublished
Cited by3 cases

This text of 508 So. 2d 960 (State v. Wilson) 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. Wilson, 508 So. 2d 960, 1987 La. App. LEXIS 9576 (La. Ct. App. 1987).

Opinion

WARD, Judge.

Lawrence Wilson was convicted of aggravated burglary and sentenced to twenty years at hard labor, with credit for time served, without benefit of probation, parole or suspension of sentence. Counsel for Wilson appeals, arguing two assignments of error. Wilson in a pro se brief also assigns and argues two errors.

Our review for errors patent reveals an error in Wilson’s sentence. La.R.S. 15:574.4 dictates when a person is eligible for parole and provides: “A person, otherwise eligible for parole, convicted of a first felony offense and committed to the Department of Public Safety and Corrections shall be eligible for parole consideration upon serving one-third of the sentence im-posed_” The statute under which Wilson was convicted, La.R.S. 14:60, is silent as to parole eligibility and thus La.R.S. 15:574.4 controls. Therefore, we vacate the sentence and remand for resentencing in accordance with this statute.

Wilson’s first assignment of error asserts that insufficient evidence exists to support a conviction for aggravated burglary. To determine if the record supports the verdict we must review it for sufficiency of the evidence under the standards of due process established by Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Porretto, 468 So.2d 1142 (La.1985). Applying Jackson, we must consider the evidence in the light most favorable to the prosecution, and after considering the evidence in this manner, the question then becomes whether a rational trier of fact could conclude that the defendant’s guilt has been shown beyond a reasonable doubt.

The trial record shows that on August 8, 1984 Sheila Clovis, the victim, was awakened at approximately 10:30 p.m. by Lawrence Wilson, the defendant, who was looking for Clovis’ sister. The sister lived upstairs with her three children and Wilson. Clovis told Wilson that her sister was not there and to go home. Clovis went back to bed, but at approximately 2:30 a.m. she was again awakened by a loud noise. Clovis got up and closed the door to her bedroom and removed the door knob in order to protect herself and her three and one-half week old twins.

Wilson got a knife and pried open the bedroom door. He told Clovis that he wanted to “f— and I am coming to get some.” Wilson, who was intoxicated, hit Clovis in the head, arms and buttocks. At one point, he grabbed a spoke from the baby bed and began beating Clovis with that. The twins were asleep on Clovis’ bed and as Wilson went to move them, Clovis ran out of the room. Wilson caught Clovis and again beat her. Eventually, Clovis was able to get outside. She ran to a neighbor’s apartment and called the police and her brother Lawrence Clovis. Upon their arrival, the police could not locate Wilson. After the police left, Clovis saw Wilson and she told her brother to detain him until the police could return.

[963]*963Officers Sanford Johnson and John Hall of the New Orleans Police Department responded to this second call. They went to Clovis’ apartment and she led them upstairs where her brother was holding Wilson. Clovis identified Wilson and the officers arrested him. The officers noticed that Wilson smelled of alcohol and observed that Clovis had welts on her arms and head. After examining the crime scene, the officers determined that Clovis’ apartment had been entered by pushing out a plexiglass window and reaching in to open the door knob.

Wilson’s sister, Elaine Wilson Martin, testified that her brother and Clovis were more than just acquaintances. Martin testified that Clovis told her that Wilson was the father of Clovis’ twins. Clovis, however, denied this allegation.

The crime of aggravated burglary consists of the following elements: 1) the unauthorized entering of an inhabited dwelling, 2) with the intent to commit a felony or any theft therein, 3) if the offender is armed with a dangerous weapon, or after entering arms himself with a dangerous weapon, or commits a battery upon any person while in the dwelling. La.R.S. 14:60.

The State produced evidence of Wilson’s unauthorized entry into Clovis’ home where he committed a battery against Clovis. Wilson, however, argues that the State failed to prove that he had the requisite intent to commit a felony upon his entry into Clovis’ home. Specific criminal intent is defined in La.R.S. 14:10 as:

that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.

Specific intent is a question of fact which may be inferred from the circumstances. La.R.S. 15:455; State v. Ricks, 428 So.2d 794 (La.1983). At the moment of entry, the defendant must intend to commit a felony. State v. Lockhart, 438 So.2d 1089 (La.1983).

Considering the above evidence in the light most favorable to the State, could a reasonable trier of fact have concluded that Wilson committed the crime of aggravated burglary?

In sum, the evidence most favorable to the State shows that shortly after Wilson’s unauthorized entry into the apartment, he forced his way into Clovis’ bedroom and informed her that he was going to have sexual intercourse with her. When Clovis refused, Wilson struck her first with his fist and then with a spoke from the baby bed. Wilson’s actions while inside Clovis’ apartment prove he entered for one reason only — to rape Clovis. Unquestionably, a reasonable trier of fact could have concluded beyond a reasonable doubt that Wilson entered without permission and had the intent, upon entry, to commit a felony and that he did commit a battery. We, therefore, affirm the conviction.

We also find no merit to Wilson’s second assignment of error that the imposition of a twenty year sentence is unconstitutionally excessive. The imposition of an excessive sentence is prohibited by Louisiana Constitution of 1974, art. 1, Section 20. A Trial Judge has great discretion in imposing a sentence within the statutory limits and it will not be set aside as excessive in the absence of manifest abuse of discretion. State v. Lanclos, 419 So.2d 475 (La.1982). Yet even a sentence falling within the applicable statutory limits may constitute excessive punishment. State v. Reed, 409 So.2d 266 (La.1982).

Generally, a sentence is considered excessive if it is grossly disproportionate to the severity of the crime, or is nothing more than the needless imposition of pain and suffering. State v. Gulden, 399 So.2d 194 (La.1981), cert. denied 454 U.S. 1150, 102 S.Ct. 1017, 71 L.Ed.2d 305 (1982). A sentence is considered grossly disproportionate if, when the crime and punishment are considered in light of the harm done to society, it so disproportionate as to shock the sence of justice. State v. Reed, supra.

The Trial Court’s reasons for imposing sentence, as required by La.C.Cr.P. art. [964]*964894.1, are an important aid to this Court in reviewing an allegedly excessive sentence. The Trial Judge need not articulate every aggravating and mitigating circumstance; however, the record must reflect that he adequately contemplated the guidelines set forth in C.Cr.P. art. 894.1. State v. Grey, 408 So.2d 1239 (La.1982).

The Trial Judge in the present case recited the following reasons for the sentence:

Well, Mr.

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Bluebook (online)
508 So. 2d 960, 1987 La. App. LEXIS 9576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wilson-lactapp-1987.