265 So. 3d 1017
La. Ct. App.2019Background
- Defendant Joseph Becnel was charged with purse snatching (La. R.S. 14:65.1) after a July 23, 2017 incident at a Bridge City gas station; tried before a six-person jury and convicted on May 30, 2018.
- Victim Lisa Reyes testified she placed cash in her wallet, began to put it in her front pocket, and a man approached from behind, pushed against her, reached into her pocket and took the wallet; she fell and briefly chased the suspect.
- A witness (Jonathan Helgason) observed a man reach into a car at the gas station and heard someone yell that a wallet had been stolen; security video showed the suspect approaching but not the taking itself.
- Detective Fanguy produced a clear image from surveillance, circulated a press release, and a photographic lineup that both Reyes and Amanda Knight narrowed to two people and ultimately selected Becnel.
- Becnel confessed to taking the wallet after seeing Reyes put money in it but denied making physical contact; he asked whether the charge could be reduced to theft.
- The trial court sentenced Becnel to 17 years; on appeal he argued the evidence only supported theft/pickpocketing and challenged witness credibility; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency: whether evidence supports purse snatching (force, intimidation, or snatching) | State: testimony, surveillance identification, and defendant's admission establish purse snatching under La. R.S. 14:65.1 | Becnel: no force or confrontation; evidence at most proves theft/pickpocketing; witness inconsistencies undermine ID | Affirmed: viewed in light most favorable to prosecution, jury could find elements beyond a reasonable doubt; force not required where "snatching" shown by taking from immediate control or person |
| Errors patent: adequacy of post-conviction advisal under La. C.Cr.P. art. 930.8 | N/A (State’s position: record error can be corrected by opinion) | Becnel received an incomplete advisal at sentencing | Court corrected via opinion: advised Becnel of two-year prescriptive period to seek post-conviction relief; conviction and sentence otherwise affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency of the evidence)
- State v. Anderson, 418 So.2d 551 (La. 1982) ("snatching" need not be face-to-face; distinct from force or intimidation)
- State v. Hearold, 603 So.2d 731 (La. 1992) (reviewing sufficiency requires consideration of entire record)
- State v. Smith, 23 So.3d 291 (La. 2009) (victim need not be aware at time of taking for purse snatching)
- State v. Capote, 474 So.2d 497 (La. App. 4th Cir. 1985) (theft without victim feeling removal can still be purse snatching)