State v. Brown, 92 So. 3d 579

Defendant Harold D. Brown was charged by bill of information with domestic abuse battery-strangulation and cruelty to a juvenile.
After a jury trial, Brown was convicted of domestic abuse battery and attempted cruelty to a juvenile; adjudicated a third-felony offender.
Sentences: 10 years for attempted cruelty to a juvenile and 6 months for domestic abuse battery, consecutive.
Victim Stephanie Benton testified Brown repeatedly choked her while she held their 14-month-old son; other abuse facts were recorded.
Defense challenged sufficiency of evidence and various juror qualifications during trial; appeals followed on issues of sufficiency, juror challenges, and sentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for attempted cruelty to a juvenile	Brown argues mother’s testimony alone supports no elements.	Evidence insufficient without photographs/medical records.	Evidence sufficient; jury could infer specific intent and acts toward the crime.
Denial of challenges for cause for jurors Stewart, Reynolds, Richardson	Defense contends jurors lacked impartiality or ability to follow law.	Court abused discretion by denying challenges for cause.	Rulings affirmed; no abuse of discretion; rehabilitation and voir dire support denial.
Sentencing excessiveness for third-felony offender	Sentence within statutory bounds; justified by history and cruelty.	Sentence excessive given offender status and mitigating factors not fully considered.	Trial court did not abuse discretion; sentence not constitutionally excessive.

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (establishes standard of review for sufficiency of evidence)
State v. Sutton, 436 So.2d 471 (La. App. 2 Cir., 1983) (guides sufficiency review and conflict resolution on direct/circumstantial evidence)
State v. Speed, 2 So.3d 582 (La. App. 2 Cir., 2009) (sufficiency review with Jackson standard; circumstantial evidence considerations)
State v. Gullette, 975 So.2d 753 (La. App. 2 Cir., 2008) (credibility and sufficiency in witness testimony)
State v. Burd, 921 So.2d 219 (La. App. 2 Cir., 2006) (appellate deference to trial-court credibility determinations)
State v. Shivers, 998 So.2d 877 (La. App. 2 Cir., 2008) (standard of review for witness testimony and sufficiency)
State v. Lattin, 870 So.2d 509 (La. App. 2 Cir., 2004) (presumption principles for denial of challenges for cause)
State v. Jones, 74 So.3d 197 (La. Supreme Court, 2011) (intent and totality of circumstances in establishing attempted offenses)
State v. Draughn, 950 So.2d 583 (La. Supreme Court, 2007) (intent in criminal attempts; circumstantial totality)
State v. Huizar, 414 So.2d 741 (La. Supreme Court, 1982) (intent and mens rea considerations)
State v. Booker, 839 So.2d 455 (La. App. 1st Cir., 2003) (mistreatment/misconduct semantics in cruelty to juveniles)
State v. Dorthey, 623 So.2d 1276 (La. Supreme Court, 1993) (due process and proportionality in sentencing)