State v. Young

660 So. 2d 548, 1995 WL 497515
CourtLouisiana Court of Appeal
DecidedAugust 23, 1995
Docket27237-KA
StatusPublished
Cited by13 cases

This text of 660 So. 2d 548 (State v. Young) 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. Young, 660 So. 2d 548, 1995 WL 497515 (La. Ct. App. 1995).

Opinion

660 So.2d 548 (1995)

STATE of Louisiana, Appellee
v.
Anthony YOUNG, Jr., Appellant.

No. 27237-KA.

Court of Appeal of Louisiana, Second Circuit.

August 23, 1995.

*550 David R. McClatchey, Indigent Defender Office, Shreveport, for appellant.

Richard Ieyoub, Attorney General, Baton Rouge, Paul J. Carmouche, District Attorney, Donald E. Hathaway, Jr. and Catherine M. Estopinal, Assistant District Attorneys, Shreveport, for appellee.

Before SEXTON, LINDSAY and HIGHTOWER, JJ.

LINDSAY, Judge.

The defendant, Anthony Young, Jr., was charged by bill of information with attempted armed robbery. After a trial by jury, he was convicted as charged and was adjudicated a second felony offender, having a previous conviction for simple burglary. The defendant was sentenced to serve 99 years at hard labor, without benefit of parole, probation or suspension of sentence. The defendant now appeals his conviction and sentence. For the following reasons, we affirm.

FACTS

On the evening of March 17, 1994, Hosea Collins met the defendant, Anthony Young, Jr., near the intersection of 70th Street and Line Avenue in Shreveport. Collins was walking to a fast food establishment on Line Avenue to get something to eat. However, he had only a little more than one dollar. Following a short conversation, the two men decided to snatch a purse or wallet. Collins and the defendant walked a short distance to the K & B Drugstore on Pierremont Road. The defendant waited outside the store near some soft drink machines while Collins entered the store. Inside the store, Collins saw the victim, Dale Dupuy, who was shopping. Mr. Dupuy had only about eighty cents on his person. He stopped at K & B to make a purchase because he had a store credit card.

Collins spoke to the clerk, left the store and waited outside for Mr. Dupuy. As Mr. Dupuy walked to his vehicle, Collins asked him for money. When Mr. Dupuy responded that he did not have any money, the defendant stepped from his hiding place, pointed a gun at Mr. Dupuy and also demanded money. Before Mr. Dupuy could finish his response to the defendant's demand, the defendant shot Mr. Dupuy in the chest. Mr. Dupuy survived the shooting, but his spinal cord was severed and he is permanently paralyzed. After the shooting, the defendant and Collins fled the scene on foot.

Angela Webber, Collins's girlfriend, testified that she was standing on the corner of East 69th Street and Southern Avenue on the night of the shooting when the defendant approached. When Ms. Webber asked the defendant where Collins was, the defendant cursed and stated that he had killed a man and that Collins ran away.

After a week long investigation, the Shreveport Police arrested the defendant and Collins. Collins admitted his involvement in the attempted armed robbery, but asserted it was the defendant who shot Mr. Dupuy. The defendant was charged by bill of information with attempted armed robbery. He was tried by jury and on June 28, 1994, the jury returned a unanimous verdict of guilty as charged.

On August 1, 1994, the defendant was adjudicated a second felony offender, having pled guilty to simple burglary in 1993. For the simple burglary conviction, the defendant had received a five year suspended sentence and was placed on three years supervised probation.

Following his adjudication as a second felony offender, the defendant appeared before the court for sentencing. On August 26, 1994, the court ordered the defendant to serve 99 years at hard labor, without benefit of parole, probation or suspension of sentence.

*551 The defendant appeals his conviction and sentence, asserting that the trial court erred in denying his motion for a post verdict judgment of acquittal based upon insufficiency of the evidence and erred in adjudicating him a second felony offender. The defendant also contends that his sentence is excessive.

SUFFICIENCY OF THE EVIDENCE

In the trial court, the defendant filed a motion for post verdict judgment of acquittal, arguing that the evidence, viewed in the light most favorable to the state, did not reasonably permit a finding of guilty. LSA-C.Cr.P. Art. 821. The trial court denied the motion. On appeal, the defendant asserts that the court erred in denying the motion. This argument is meritless.

The motion for post verdict judgment of acquittal concerns the sufficiency of the evidence and presents a question of legal sufficiency. State v. Foster, 26,143 (La.App. 2d Cir. 12/9/94), 647 So.2d 1224.

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. Foster, supra; State v. Free, 26,267 (La.App. 2d Cir. 9/21/94), 643 So.2d 767.

That standard, initially enunciated in Jackson v. Virginia, supra, and now legislatively embodied in LSA-C.Cr.P. Art. 821, is applicable in cases involving both direct and circumstantial evidence. State v. Smith, 441 So.2d 739 (La.1983); State v. Thomas, 609 So.2d 1078 (La.App. 2d Cir.1992), writ denied 617 So.2d 905 (La.1993).

An appellate court reviewing the sufficiency of the evidence in such cases must resolve any conflict in the direct evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and to be inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant was guilty of every essential element of the crime. State v. Sutton, 436 So.2d 471 (La. 1983); State v. Caston, 26,415 (La.App. 2d Cir. 10/26/94), 645 So.2d 1202; State v. Foster, 26,143 (La.App. 2d Cir. 12/9/94), 647 So.2d 1224.

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. State v. Free, supra. It is the function of the judge or jury 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. Bellamy, 599 So.2d 326 (La. App. 2d Cir.1992), writ denied 605 So.2d 1089 (La.1992). 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. Free, supra.

In the absence of internal contradictions or irreconcilable conflict with physical evidence, one witness' testimony, if believed by the trier of fact, is sufficient to support the requisite factual conclusion. State v. Thomas, supra; State v. Bellamy, supra; State v. Combs, 600 So.2d 751 (La.App. 2d Cir.1992), writ denied 604 So.2d 973 (La. 1992).

In order to convict a defendant of attempted armed robbery, the state must prove that the defendant, having the specific intent to commit armed robbery, did or omitted an act for the purpose of and tending directly toward the taking of anything of value belonging to another, from the person of another or in the immediate control of another, by the use of force or intimidation, while armed with a dangerous weapon.

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Bluebook (online)
660 So. 2d 548, 1995 WL 497515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-young-lactapp-1995.