Fontaine v. People
2012 V.I. Supreme LEXIS 42
Supreme Court of The Virgin Is...2012Background
- Fontaine was found guilty after a jury trial of first-degree robbery, second-degree robbery, first-degree assault, and three related counts of unauthorized possession or use of a firearm during a crime of violence.
- Francis identified Fontaine at trial by voice and a scar under Fontaine's left eye; the scar was key to identification.
- The trial court, over Fontaine's objection, ordered Fontaine to stand a few feet in front of the jury box so jurors could observe the scar.
- Fontaine offered an alibi through his mother, who testified he was with her on August 14, 2009, and Fontaine testified likewise.
- Judgment and commitment were entered June 11, 2010, with sentencing on counts merged for sentencing purposes; Fontaine filed a timely notice of appeal on May 19, 2010.
- The Virgin Islands Supreme Court affirmed, addressing sufficiency of the evidence and the propriety of the jury-viewing request under evidentiary and due process standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for robbery and related counts | Fontaine argues no rational juror could convict. | Fontaine contends credibility issues and alibi undermine proof. | Evidence was sufficient; reasonable juror could find guilt beyond a reasonable doubt. |
| Admission of standing near the jury box to view the scar | Issuance of close view was unfair prejudice. | Court abused discretion under Rule 403. | Court did not abuse discretion; probative value outweighed any prejudice. |
| Operability requirement for firearm possession in §2253(a) | Prosecution must prove operability of the firearm. | Operability is not required if the item is an imitation or appears to be a firearm. | Operability not required; imitation firearm during a crime of violence falls within the statute. |
Key Cases Cited
- Latalladi v. People, 51 V.I. 137 (V.I. 2009) (deferential standard for sufficiency; credibility unresolved on appeal)
- Nanton v. People, 52 V.I. 466 (V.I. 2009) (jury credibility determinations not revisited on appeal)
- United States v. Gonzalez, 918 F.2d 1129 (3d Cir. 1990) (appellate deference to jury verdicts on credibility)
- United States v. Haywood, 363 F.3d 200 (3d Cir. 2004) (standard for sufficiency review after conviction)
- Joseph v. Bureau of Corrections, 54 V.I. 644 (V.I. 2010) (statutory interpretation of firearm definitions and imitation firearms)
- Mulley v. People, 51 V.I. 404 (V.I. 2009) (Rule 403 and evidentiary review in the Virgin Islands)