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