119 So. 3d 859
La. Ct. App.2013Background
- Jones charged with aggravated burglary (14:60), felon in possession of a firearm (14:95.1), and illegal discharge (14:94).
- Convictions: simple burglary of an inhabited dwelling (responsive to aggravated burglary) and possession of firearm by a felon; acquitted of illegal discharge.
- Sentences: 12 years hard labor for burglary; 15 years hard labor and $1,000 fine for felon in possession; sentences run concurrently.
- Victim-Keyondra Bridges and Jones had a history; incident began with a disagreement, Jones broke into Bridges’ grandmother’s home, dragged Bridges, assaulted her, and took her gun; gun found on Jones by police.
- Jones testified he acted under dispute with Bridges and claimed he disarmed her; victim notified police; police recovered the weapon, live rounds found in pockets.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense instruction for felon in possession | Jones | Jones contends justification should be charged | Meritless; no error to deny instruction |
| Insufficiency of evidence on possession statute | Jones | State failed to prove lack of justification | Sufficient evidence; no self-defense justification proved beyond reasonable doubt |
| Ineffective assistance for not requesting self-defense charge | Jones | No prejudice; counsel strategy | No ineffective assistance; not reversible |
| Excessiveness of sentence for felon in possession | Jones | Discretionary within statutory range | Not excessive; within discretion given circumstances |
Key Cases Cited
- State v. Marse, 365 So.2d 1319 (La.1978) (charge on defense when evidence supports self-defense theories)
- State v. Cheatwood, 458 So.2d 907 (La.1984) (burden of proof for justification defenses affirmative; state not required to disprove exculpatory facts)
- State v. Blache, 480 So.2d 304 (La.1985) (justification defense available to felon in possession of a firearm when imminent peril exists)
- State v. Grant, 414 So.2d 373 (La.1982) (lack of justification precludes acquiescent possession defense in felon-in-possession case)
- State v. Jackson, 452 So.2d 776 (La.App. 4 Cir.1984) (necessity defense requires imminent danger and no reasonable alternative)