State v. Wilson

714 So. 2d 126, 1998 WL 237294
CourtLouisiana Court of Appeal
DecidedMay 13, 1998
Docket30634-KA
StatusPublished
Cited by2 cases

This text of 714 So. 2d 126 (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, 714 So. 2d 126, 1998 WL 237294 (La. Ct. App. 1998).

Opinion

714 So.2d 126 (1998)

STATE of Louisiana, Appellee,
v.
Gregory WILSON, Appellant.

No. 30634-KA.

Court of Appeal of Louisiana, Second Circuit.

May 13, 1998.

*128 Robert C. Johnson, Monroe, for Appellant.

Louisiana Appellate Project by Peggy J. Sullivan, Richard P. Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Susan Hamm, Assistant District Attorney, for Appellee.

Before WILLIAMS, GASKINS and PEATROSS, JJ.

WILLIAMS, Judge.

The defendant, Gregory Wilson, was charged by bill of information with simple burglary of an inhabited dwelling, a violation of LSA-R.S. 14:62.2. After a jury trial, the defendant was found guilty of attempted simple burglary of an inhabited dwelling, LSA-R.S. 14:27. The trial court sentenced defendant to serve six years imprisonment at hard labor, the first six months to be served without benefit of parole, probation or suspension of sentence. Defendant's motion for reconsideration of sentence was denied and he appeals his conviction and sentence. For the following reasons, we affirm.

FACTS

On November 11, 1995, Glenda Evans, her husband and their five children were the occupants of a residence in Monroe, Louisiana. At approximately 3:30 a.m., Mr. Evans left home to go to work. Mrs. Evans then returned to her bedroom and turned off the light. She fell asleep while watching television, but was awakened by a loud thump. Mrs. Evans stood up, turned on her bedroom light and saw the defendant standing in her doorway just a few feet away. She screamed and telephoned 911 as the defendant ran toward the back of the house.

The defendant apparently tried to get out through the back door, but it was locked with deadbolts, so he returned toward Mrs. Evans' bedroom. By this time, Mrs. Evans had retrieved a handgun and when the defendant approached, she warned him not to come any closer or he would be shot. The defendant then turned and ran, escaping from the home through the carport door.

Ouachita Parish Sheriff's Office (OPSO) Deputy Stacey Antie responded to the call within minutes. Mrs. Evans described the intruder to the deputy as a clean cut male with medium dark skin and a thin mustache, with a height of approximately 5' 10" and dressed in black clothing. The deputy examined the carport door, which contained a window with a damaged screen. Mrs. Evans told the deputy that this screen had been previously damaged during a recent break-in. The deputy determined that the intruder probably had reached in through the broken screen and unlocked the door. Nothing was taken from the residence and none of the items in the home appeared to have been disturbed. Deputy Antie did not find fingerprints on the window, door handle or other items in the home.

OPSO Sergeant Jay Via investigated the case and ultimately developed the defendant as a suspect. Sergeant Via learned that the defendant lived in a house located approximately one block from the victim's residence. Subsequently, Mrs. Evans identified defendant as the person who had been in her home. Defendant was arrested and charged with simple burglary of an inhabited dwelling.

After a jury trial, the defendant was convicted of attempted simple burglary of an inhabited dwelling. The trial court sentenced defendant to serve six years at hard labor, the first six months to be served without benefit of parole, probation or suspension of sentence, and denied his motion for reconsideration of sentence. Defendant appeals his conviction and sentence.

DISCUSSION

Sufficiency of the Evidence

The defendant argues that there was insufficient evidence to support his conviction.[1]*129 He contends the state failed to prove his identity as the individual who was observed inside the victim's home.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard of appellate review for a sufficiency of the evidence claim is 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 proven beyond a reasonable doubt. State v. Taylor, 28,736 (La. App.2d Cir. 10/30/96), 682 So.2d 827.

This court's authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson v. Virginia, supra, and does not extend to credibility determinations made by the trier of fact. La. Const. art. 5, § 5(C); State v. Williams, 448 So.2d 753 (La.App. 2d Cir.1984). A reviewing court accords great deference to a jury's decision to accept or reject the testimony of a witness in whole or in part. State v. Bosley, 29,253 (La.App.2d Cir. 4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

Where the defendant asserts that he was not the perpetrator of the offense or remains silent, the state bears the burden of negating any reasonable probability of misidentification. State v. Powell, 27,959 (La. App.2d Cir. 04/12/96), 677 So.2d 1008 (on rehearing), writ denied, 96-1807 (La.02/21/97), 688 So.2d 520. In the absence of internal contradiction or irreconcilable conflict with physical evidence, one witness' testimony, if believed by the trier of fact, is sufficient support for a requisite factual finding. State v. Martin, 29,717 (La.App.2d Cir. 09/24/97), 702 So.2d 739. An appellate court should not disturb the trier of fact's rational credibility determination. State v. Gipson, 26,433 (La.App.2d Cir. 10/26/94), 645 So.2d 1198.

Simple burglary of an inhabited dwelling is the unauthorized entry of any house, apartment or other structure used by a person as a home or place of abode, with the intent to commit a felony or any theft therein. LSA-R.S. 14:62.2. Any person who, having a specific intent to commit a crime, does an act for the purpose of accomplishing his object is guilty of an attempt to commit the offense intended. LSA-R.S. 14:27.

In his brief, defendant contends that Mrs. Evans' testimony was not sufficiently consistent or credible to support a conviction. Defendant points to alleged discrepancies concerning the intruder's apparel, the removal of property and the lighting conditions in the house. However, the record does not support the defendant's contention.

Deputy Antie testified that he did not recall being told by Mrs. Evans that the defendant was wearing a hat or cap during the crime. Although Mrs. Evans testified that she told one of the several deputies who were present that the defendant was wearing a black wool cap, she did not specify that Deputy Antie was the person to whom she spoke. In addition, the color of the cap was consistent with her earlier statement that the intruder was dressed in black.

At the defendant's preliminary examination, Mrs. Evans testified that ten dollars was missing from her dresser after the intruder left. This statement was inconsistent with her trial testimony that nothing was missing as a result of the break-in. However, Mrs. Evans explained this discrepancy by saying that, at the time of the preliminary examination, she had mistakenly confused the present incident with a previous burglary.

At trial, Deputy Antie recalled that just after the crime, Mrs. Evans indicated that her bedroom light was off and that the light in the hallway was on when she saw the intruder. Defendant asserts that Mrs.

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

Related

State v. Woods
38 So. 3d 391 (Louisiana Court of Appeal, 2010)
State v. Bryant
775 So. 2d 596 (Louisiana Court of Appeal, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
714 So. 2d 126, 1998 WL 237294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wilson-lactapp-1998.