63 So. 3d 1195
La. Ct. App.2011Background
- Defendant Lafitte and Greenwood were charged with armed robbery under La.R.S. 14:64 and aggravated second degree battery under La.R.S. 14:34.7.
- Defendant waived jury trial and proceeded to a bench trial; he was found guilty of both offenses on February 1, 2010.
- Sentences: ten years hard labor for each conviction; armed robbery without probation/parole/suspension; sentences to run concurrently; time served credited.
- Trial evidence centered on the October 20, 2007 assault on the victim Pilcher in Kisatchie National Forest and related property theft.
- Defendant gave a statement denying intent to harm and claiming he acted to protect Pilcher; defense experts diagnosed PTSD and alcoholism.
- The State contested that Defendant was a full participant; the court credited Pilcher’s account over Defendant’s justification defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for elements of both crimes | Lafitte/Greenwood acted with criminal intent to commit both offenses. | Actions were justified to protect Pilcher; no general/specific intent to commit robbery or battery. | Sustained: evidence supports essential elements beyond reasonable doubt. |
| admissibility/consideration of defense experts on intent and justification | Expert testimony supported lack of criminal intent and justification defenses. | Uncontradicted expert opinions should have been accepted to negate intent. | Trial court credibility ruling affirmed; experts did not compel reversal. |
| Credibility and standard of review for sufficiency/distinguishing evidence | Pilcher's testimony establishes guilt beyond reasonable doubt. | Defendant’s version should be weighed; experts supported defense. | appellate standard applied; the court did not substitute its credibility determinations. |
Key Cases Cited
- State v. Calloway, 1 So.3d 417 (La. 2009) (credibility determinations within appellate review)
- State v. Higgins, 898 So.2d 1219 (La. 2005) (weight of evidence to jury; credibility is for trier of fact)
- State v. Marshall, 943 So.2d 362 (La. 2007) (credibility assessments within rationality bounds)
- State v. Macon, 957 So.2d 1280 (La. 2007) (sufficiency standard: Jackson v. Virginia)
- State v. Colton, 968 So.2d 1239 (La. App. 3 Cir. 2008) (transcript controls when conflicting with minutes)
- State v. Hampton, 865 So.2d 284 (La. App. 2 Cir. 2004) (armed robbery and aggravated battery convictions in similar facts)