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119 So. 3d 751
La. Ct. App.
2013
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Background

  • Defendant Edmundo Cerda-Anima was convicted of second degree murder in Louisiana; evidence tied him to Lafreniere Park crime scene and victim’s death.
  • Victim was struck by defendant’s white Ford Expedition at the park, then transported to a canal embankment where sexual abuse occurred.
  • Investigating officers recovered a gray button, left shoe, shirt, bra, and victim’s phone; DNA on shirt and bra matched victim.
  • Defendant appeared intoxicated; he gave three taped statements admitting striking the victim and later abusing her.
  • Forensic experts testified the victim survived the impact for a period and was alive during sexual abuse; multiple theories were offered.
  • The trial court denied a defense-proposed vehicular homicide instruction; the defense rested on alternative theories, and the State argued felony-murder via second degree kidnapping.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Was the evidence sufficient for second degree murder under felony murder? State argued felony murder proven via second degree kidnapping. Cerda-Anima argued insufficient evidence of specific intent or felony murder. Sufficient: felony murder supported by kidnapping elements; intoxication not a defense.
Was the vehicular homicide instruction required to be given? State contends instruction not necessary; theory raised by defense. Cerda-Anima sought Vehicular Homicide instruction as a separate verdict. Instruction not required; not a responsive verdict under Art. 814; no prejudice shown.

Key Cases Cited

  • State v. Lewis, 917 So.2d 583 (La.App. 5 Cir. 2005) (felony murder element sufficiency in kidnapping context)
  • Santellan v. State, 939 S.W.2d 155 (Tex.Crim.App. 1997) (dead body can still support attempted kidnapping finding)
  • State v. Farhood, 844 So.2d 217 (La.App. 5 Cir. 2003) (responsive verdicts limit court’s jury options under Art. 814)
  • State v. Square, 433 So.2d 104 (La.1983) ( precedents on responsive verdicts under Art. 814)
  • State v. Lawson, 1 So.3d 516 (La.App. 5 Cir. 2008) (proper use of special jury charges)
  • State v. Neal, (cite as in opinion) ((La. Supreme Court citation in opinion)) (Jackson v. Virginia standard for sufficiency of evidence)
  • Jackson v. Virginia, 443 U.S. 307 (1979) (sufficiency standard for reviewing conviction)
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Case Details

Case Name: State v. Cerda-Anima
Court Name: Louisiana Court of Appeal
Date Published: May 30, 2013
Citations: 119 So. 3d 751; 12 La.App. 5 Cir. 682; 2013 La. App. LEXIS 1062; 2013 WL 2350432; No. 12-KA-682
Docket Number: No. 12-KA-682
Court Abbreviation: La. Ct. App.
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