State v. Wyatt

57 So. 3d 454, 2011 La. App. LEXIS 64, 2011 WL 228586
CourtLouisiana Court of Appeal
DecidedJanuary 26, 2011
DocketNo. 45,972-KA
StatusPublished

This text of 57 So. 3d 454 (State v. Wyatt) 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. Wyatt, 57 So. 3d 454, 2011 La. App. LEXIS 64, 2011 WL 228586 (La. Ct. App. 2011).

Opinion

WILLIAMS, J.

| ¿The defendant, Robert R. Wyatt, was charged by bill of information with aggravated battery, a violation of LSA-R.S. 14:34. Following a jury trial, he was convicted as charged. He was adjudicated a second felony habitual offender and was sentenced to serve 18 years in prison, at hard labor, without benefit of probation, parole or suspension of sentence. For the following reasons, we affirm the defendant’s conviction. We amend the defendant’s sentence to delete the portion which denies the benefit of parole; the sentence is affirmed as amended.

FACTS

On September 3, 2008, Corporal John Hay, a deputy with the Caddo Parish Sheriffs Office, responded to an emergency call at a residence in Shreveport, Louisiana. Upon arriving at the location, Cpl. Hay observed |sSusan Meshell sitting on the back of a fire truck, holding a bloody towel to her head. Ms. Meshell informed Cpl. Hay that the defendant, her ex-husband, had entered her home without her permission. During an argument, the defendant pushed Ms. Meshell, causing her to fall over an ice chest/cooler. The defendant then armed himself with a large souvenir glass mug and hit Ms. Meshell across the head. The resulting injury to Ms. Meshell’s head required multiple stitches.

Later that evening, the defendant was apprehended at a nearby convenience store. He was transported back to Ms. Meshell’s residence, where he was placed under arrest for aggravated battery. The defendant was later released on bond with an order to stay away from Ms. Meshell. Subsequently, the state filed a bill of information, charging the defendant with aggravated battery, a violation of LSA-R.S. 14:34. On December 15, 2008, despite the stay-away order, the defendant went to Ms. Meshell’s home, jumped over the fence, and attempted to break her kitchen window. Ms. Meshell called the police and the defendant was arrested, resulting in the revocation of his bond.

Following a trial held on July 21, 2009, the jury returned a unanimous verdict of guilty on the charge of aggravated battery. The trial court denied the defendant’s motion for new trial and his motion for post-verdict | Judgment of acquittal and/or modification of verdict. On March 22, 2010, a multiple offender hearing was held, and the defendant was adjudicated a second felony offender. Subsequently, he was sentenced to 18 years in prison, at hard labor, without the benefit of probation, parole or suspension of sentence.

The defendant appeals.

DISCUSSION

In his sole assignment of error, the defendant contends the evidence was insufficient to convict him of aggravated battery. He argues that the victim was the only eyewitness to the incident, and her testimony was “full of internal contradictions.” The defendant also argues that Ms. Meshell “intentionally locked police out of the crime scene and refused entry;” therefore, there was no physical evidence of the glass souvenir mug to corroborate that a dangerous weapon was involved in the incident.

The 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. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 [456]*456L.Ed.2d 560 (1979); State v. Tate, 2001-1658 (La.5/20/03), 851 So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct. 1604, 158 L.Ed.2d 248 (2004); State v. Carter, 42,894 (La.App.2d Cir.1/9/08), 974 So.2d 181, writ denied, 2008-0499 (La.11/14/08), 996 So.2d 1086. This standard, now legislatively embodied in LSA-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 fact finder. State v. Pigford, 2005-0477 (La.2/22/06), 922 So.2d 517; State v. Dotie, 43,819 (La.App.2d Cir.1/14/09), 1 So.3d 833.

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 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. Eason, 43,788 (La.App.2d Cir.2/25/09), 3 So.3d 685; State v. Hill, 42,025 (La.App.2d Cir.5/9/07), 956 So.2d 758, writ denied, 2007-1209 (La.12/14/07), 970 So.2d 529. See also, State v. Bowie, 43,374 (La.App.2d Cir.9/24/08), 997 So.2d 36.

In the absence of internal contradiction or irreconcilable conflict with physical evidence, the testimony of one witness, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Gullette, 43,032 (La.App.2d Cir.2/13/08), 975 So.2d 753; State v. Burd, 40,480 (La.App.2d Cir.1/27/06), 921 So.2d 219, writ denied, 2006-1083 (La.11/9/06), 941 So.2d 35. Such testimony alone is sufficient even where the state does not introduce medical, scientific or physical evidence to prove the commission of the offense by the defendant. State v. Robinson, 36,147 (La.App.2d Cir.12/11/02), 833 So.2d 1207; State v. Ponsell, 33,543 (La.App.2d Cir.8/23/00), 766 So.2d 678, writ denied, 2000-2726 (La.10/12/01), 799 So.2d 490. See also State v. Johnson, 96-0950 (La.App. 4th Cir.8/20/97), 706 So.2d 468, writ denied, 98-0617 (La.7/2/98), 724 So.2d 203, cert. denied, 525 U.S. 1152, 119 S.Ct. 1054, 143 L.Ed.2d 60 (1999).

Battery is the intentional use of force or violence upon the person of another. LSA-R.S. 14:33. Aggravated battery is a battery committed with a dangerous weapon. LSA-R.S. 14:34. “Dangerous weapon” includes any gas, liquid, or other substance or instrumentality, which, in the manner used, is calculated or likely to produce death or great bodily harm. LSA-R.S. 14:2(3). Thus, in order to convict a defendant of aggravated battery, the state must prove (1) that the defendant intentionally used force or violence upon the victim, (2) the force or violence was inflicted with a dangerous weapon, and (3) the dangerous weapon was an instrumentality used in a manner likely or calculated to cause death or great bodily harm. State v. Ealy, 44,252 (La.App.2d Cir.5/13/09), 12 So.3d 1052, writ denied, 2009-1393 (La.2/5/10), 27 So.3d 298.

|7In the present case, the state called Cpl. Hay as its first witness. Cpl. Hay testified that on the night of the incident, he observed Ms. Meshell sitting on the back of the fire truck holding a towel to her head. He also testified that he saw blood running down the side of her face and “a large softball-like knot on the top of her head.” Ms. Meshell informed him that she had been attacked by the defendant. Cpl. Hay stated that he was unable to investigate the scene of the crime because Ms. Meshell was leaving in the ambulance and did not want him to enter her home while she was away. He testified that after he left Ms. Meshell’s residence, he came into contact with the defendant at a nearby store, and the defendant did not appear to have any injuries. Cpl. Hay identified the defendant in open court.

[457]*457On cross-examination, Cpl. Hay testified that ordinarily, he would have looked for a weapon in the home.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Robertson v. Casual Corner Group, Inc
541 U.S. 905 (Supreme Court, 2004)
State v. Smith
661 So. 2d 442 (Supreme Court of Louisiana, 1995)
State v. Ealy
12 So. 3d 1052 (Louisiana Court of Appeal, 2009)
State v. Eason
3 So. 3d 685 (Louisiana Court of Appeal, 2009)
State v. Dotie
1 So. 3d 833 (Louisiana Court of Appeal, 2009)
State v. Robinson
833 So. 2d 1207 (Louisiana Court of Appeal, 2002)
State v. Johnson
706 So. 2d 468 (Louisiana Court of Appeal, 1998)
State v. Pigford
922 So. 2d 517 (Supreme Court of Louisiana, 2006)
State v. Tate
851 So. 2d 921 (Supreme Court of Louisiana, 2003)
State v. Ponsell
766 So. 2d 678 (Louisiana Court of Appeal, 2000)
State v. Carter
974 So. 2d 181 (Louisiana Court of Appeal, 2008)
State v. Bowie
997 So. 2d 36 (Louisiana Court of Appeal, 2008)
State v. Gullette
975 So. 2d 753 (Louisiana Court of Appeal, 2008)
State v. Tate
747 So. 2d 519 (Supreme Court of Louisiana, 1999)
State v. Hill
956 So. 2d 758 (Louisiana Court of Appeal, 2007)
State v. Burd
921 So. 2d 219 (Louisiana Court of Appeal, 2006)

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Bluebook (online)
57 So. 3d 454, 2011 La. App. LEXIS 64, 2011 WL 228586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wyatt-lactapp-2011.