149 So. 3d 354
La. Ct. App.2014Background
- Defendant Stetson Gilliam, a felon, was convicted by a jury of possession of a firearm by a convicted felon and simple battery (lesser offense).
- The alleged incident occurred late Sept. 23 to early Sept. 24, 2012, in Abbeville, Louisiana, where the victim was attacked by three men, including Gilliam, and struck with a gun.
- The gun was not recovered; the victim and Christine Williams identified a gun in Gilliam's hand; the victim heard gunshots after the altercation.
- Gilliam’s mother testified that no one had a gun; Officer Guidry found three 9-mm casings in Gilliam’s backyard.
- Gilliam had a prior felony conviction; proof of the prior conviction was admitted at trial.
- Gilliam was sentenced to six months for simple battery and fifteen years for felon-in-possession, running concurrently; post-trial motions denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Insufficiency of evidence to prove firearm possession | Gilliam possessed a firearm (gun) at the time of the incident. | There was no proved firearm; the gun was not recovered and no witness saw him shoot. | Sufficient evidence supported possession of a firearm by a felon |
| Patent error regarding post-conviction relief advisement | The court failed to advise two-year post-conviction relief period correctly. | Advisement was improper and required written notice per Art. 930.8. | Error patent; remand to provide proper 930.8 advisement in writing |
| Error patent: absence of essential element evidence | State failed to prove object was a firearm per La.R.S. 14:95.1(D). | Victim and witness testimony identified a gun; casings found support firearm, gun not recovered not fatal. | Evidence sufficient to prove firearm possession under statute |
Key Cases Cited
- State v. Kennerson, 695 So.2d 1367 (La.App. 3 Cir. 1997) (Jackson v. Virginia standard for sufficiency; burden on state)
- State v. Hamdan, 131 So.3d 197 (La.App. 4 Cir. 2013) (consistency of appellate challenge to sufficiency with trial theory)
- State v. Duvall, 747 So.2d 793 (La.App. 1 Cir. 1999) (doctrine of alternating defenses on appeal vs. trial)
- State v. Juluke, 725 So.2d 1291 (La. 1999) (prohibition on splitting alternative defenses between forums)
- State v. Anderson, 66 So.3d 568 (La.App. 3 Cir. 2011) (consistency of appellate review with trial record)
- State v. Roe, 903 So.2d 1265 (La.App. 3 Cir. 2005) (notice requirements for post-conviction relief advisements)