97 So. 3d 575
La. Ct. App.2012Background
- Appellant charged with simple burglary and attempted simple burglary of an inhabited dwelling; he pled not guilty.
- District court denied motions to sever the charges and to include a responsive verdict of trespass; jury found appellant guilty on both counts.
- Sentenced to eight years for simple burglary and three years for attempted simple burglary, run concurrently; later adjudicated a fourth felony offender and resentenced to twenty years concurrent; a six-month no-parole component was noted as mandatory.
- On appeal, appellant challenged sufficiency of the evidence for both counts, the denial of severance, and the refusal to charge trespass as a responsive verdict; pro se brief also addressed trespass issue.
- Evidence showed downstairs apartment (2900-2902 Wall Blvd) burglarized; tools found at scene; upstairs residents testified; shed at 3400 Wall Blvd similarly involved in the attempted burglary; appellant was observed in restricted areas without permission.
- Court affirmed convictions and sentences, addressing each issue and concluding no reversible error; noted a patent sentencing error requiring correction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for attempt to enter an inhabited dwelling | State argues evidence supports specific intent to commit entry and theft. | Appellant argues lack of proof of specific intent and/or that a shed may not be part of dwelling. | Sufficient evidence supported attempted unauthorized entry. |
| Sufficiency of evidence for simple burglary of an inhabited dwelling | State contends appellant had unauthorized entry with intent to steal. | Appellant contends insufficient proof of entry without permission or intent to steal. | Sufficient evidence to prove unauthorized entry with intent to commit theft. |
| Denial of severance of joinder | State maintains joinder did not prejudice and aided judicial economy. | Appellant claims joinder prejudicially linked distinct offenses to show disposition. | No abuse of discretion; joinder proper and not prejudicial. |
| Failure to charge trespass as a responsive verdict | Trespass not a lesser-included/offense; Simmons governs responsive verdicts. | Requests trespass as responsive verdict for attempted burglary. | Trespass not a responsive verdict for attempted burglary; no error. |
Key Cases Cited
- State v. Chairs, 780 So.2d 1088 (La.App.4 Cir. 2001) (establishes elements and need for specific intent for simple burglary of an inhabited dwelling)
- State v. Simmons, 422 So.2d 138 (La.1982) (limits on when trespass is a responsive verdict to attempted burglary)
- State v. Harris, 470 So.2d 601 (La.App.1 Cir. 1985) (garage and shed treated as part of inhabited dwelling for burglary purposes)
- State v. Segue, 637 So.2d 1173 (La.App.4 Cir. 1994) (garage considered part of dwelling for purposes of unauthorized entry)
- State v. Martin, 970 So.2d 9 (La.App.4 Cir. 2007) (screened room deemed part of dwelling for burglary analysis)