247 So. 3d 858
La. Ct. App.2018Background
- Defendant Jesus Estrada Contreras was charged with three counts of attempted second-degree murder, illegal discharge of a firearm during a crime of violence, and possession of a firearm by a convicted felon based on a June 2013 shooting that wounded three victims.
- Victims (who knew defendant) identified him at the scene; two were wounded. DNA from a beer can at the scene matched defendant; a firearm recovered from a searched residence did not ballistically match recovered fragments.
- The State introduced the defendant's 1999 Georgia involuntary manslaughter conviction as other-crimes evidence (Prieur/Taylor notice). Defendant contested identity, admissibility of prior bad acts, qualification of the Georgia conviction as a predicate crime, and sentence excessiveness.
- Jury convicted defendant of three counts of attempted manslaughter (lesser-included), illegal discharge of a firearm during a crime of violence, and felon-in-possession; all sentences (maximum 20 years each) were imposed to run concurrently.
- On appeal, the Fourth Circuit affirmed: sufficiency of the identification and other evidence, held the Georgia involuntary manslaughter conviction qualified as a predicate crime for La. R.S. 14:95.1, found admission of the prior-act evidence erroneous but harmless, and rejected excessiveness challenge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence/identity | State: victims, DNA, and fingerprint/conviction record establish identity and elements beyond a reasonable doubt | Contreras: State failed to prove he was the shooter; misidentification possible | Affirmed: Victim IDs, DNA, and other evidence sufficient; jury credibility controlling |
| Predicate felony for felon-in-possession | State: Georgia involuntary manslaughter involved use of force and qualifies as a "crime of violence" under La. R.S. 14:2(B) | Contreras: Georgia involuntary manslaughter does not correspond to Louisiana "crime of violence" manslaughter definition | Affirmed: Facts underlying Georgia conviction support inclusion as crime of violence for La. R.S. 14:95.1 |
| Admissibility of prior bad acts (Prieur/Taylor) | State: prior manslaughter evidence probative of motive/opportunity/intent/identity; proper notice given | Contreras: Prior Georgia act not sufficiently similar; admission prejudicial | Error in admitting prior-act evidence found, but harmless given overwhelming evidence; no relief |
| Excessiveness of sentence | State: maximum concurrent terms justified by gravity, multiple victims, prior manslaughter, and lack of remorse | Contreras: sentences excessive; trial court failed to properly apply La. C.Cr.P. art. 894.1 | Affirmed: trial court considered guidelines and record supports maximum concurrent sentences |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for reviewing sufficiency of evidence)
- State v. Hearold, 603 So.2d 731 (La. 1992) (review sequence when both sufficiency and trial errors raised)
- State v. Mussall, 523 So.2d 1305 (La. 1988) (rationality standard in sufficiency review and deference to factfinder)
- State v. Taylor, 217 So.3d 283 (La. 2016) (modern framework and pretrial showing for other-crimes evidence under La. C.E. art. 404B)
- State v. Garcia, 108 So.3d 1 (La. 2012) (limitations on using other-crimes evidence to show character)
- State v. Hughes, 943 So.2d 1047 (La. 2006) (State must negate reasonable probability of misidentification)