119 So. 3d 250
La. Ct. App.2013Background
- Jones was indicted for second degree murder of Donald Green and felon in possession of a firearm; co-defendant Troy Cryer severed for trial.
- Trial evidence showed Green beaten and shot during a plan to rob Green’s drug dealer Rob; body dumped and disfigurement attempted.
- Defendant and Cryer allegedly devised the robbery plan; defendant allegedly supplied the gun and participated, with varying versions at trial.
- Bullet holes, blood, and a Bersa pistol found at the scene; DNA linked defendant to the Suburban and iron bar used in the crime.
- Jones fled to Texas after the killing and was apprehended; jury found him guilty on May 4, 2012, and the trial court imposed a life sentence plus 15 years consecutive.
- Appellate issues on sufficiency of evidence and whether consecutive sentencing was excessive were raised.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for second degree murder | Jones argues lack of specific intent due to not acting alone | State failed to prove specific intent beyond reasonable doubt | No; evidence supports guilt under principals; conviction affirmed. |
| Excessiveness of consecutive sentences | Consecutive sentences are excessive given one course of conduct | Consecutive nature should be reviewed for excessiveness | Issue waived for consecutive sentencing; constitutional review only; sentences affirmed. |
Key Cases Cited
- State v. Upchurch, 783 So.2d 398 (La. App. 5 Cir. 2001) (weight of evidence is for the fact finder; test is reasonable doubt when reviewing sufficiency)
- Jackson v. Virginia, 443 U.S. 304 (U.S. 1979) (sufficiency review requires evidence viewed in light most favorable to the State)
- State v. Page, 28 So.3d 442 (La. App. 5 Cir. 2009) (sufficiency under the law of principals may support second degree murder)