181 So. 3d 800
La. Ct. App.2015Background
- On Sept. 26, 2010, deputy encountered Stanley Mitchell riding a four-wheeler taken from under a carport at Tina Eppinette’s manufactured home; VIN/name under seat identified owner as James Barfield.
- Footprints under the carport matched Mitchell’s shoes; Mitchell admitted entering the carport and taking the four-wheeler, later gave inconsistent statements.
- Barfield testified the four-wheeler (a 1985 model) was still usable and worth about $1,800–$1,900.
- Mitchell was charged with simple burglary of an inhabited dwelling, convicted by jury, adjudicated a fourth felony habitual offender, and sentenced to 35 years at hard labor without probation or suspension (first year without parole per statute).
- Mitchell appealed arguing insufficiency of evidence (not an inhabited dwelling, lack of felony value, lack of intent to permanently deprive) and erroneous jury instructions about carports/garages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the carport was part of an "inhabited dwelling" | State: carport abutted the house, covered the rear entrance, door to house located in carport — thus part of dwelling | Mitchell: carport was free‑standing/separate and not under same roof, so not part of inhabited dwelling | Court: Evidence (photos, testimony, flashing/gutters, rear door in carport) showed carport contiguous with house; treated as part of inhabited dwelling — sufficiency met |
| Whether evidence supported intent to commit a felony (value > $500) | State: owner’s uncontroverted valuation (~$1,800–$1,900) admissible; jury could find value exceeded $500 | Mitchell: claimed joyriding; state failed to prove value > $500 so no felony | Court: Owner’s testimony and photos supported value > $500; jury reasonably found felony intent (unauthorized use of movable > $500) |
| Whether evidence showed intent to permanently deprive (theft element) | State: not required if intent to commit felony shown; circumstances (detaching trailer, taking vehicle, hiding) supported intent to permanently deprive | Mitchell: no proof he intended permanent deprivation | Court: Although felony showing sufficed, facts (admission, footprints, conduct) supported jury finding of intent to permanently deprive |
| Whether jury instructions on carport/garage were erroneous | State: requested charge that carport/garage are part of an inhabited dwelling supported by precedent | Mitchell: trial court’s instruction could be read to presume carport/garage are automatically part of dwelling, confusing the jury | Court: Instruction acceptable when read with whole charge and evidence; no prejudicial error |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- State v. Bryant, 775 So.2d 596 (La. App. 2d Cir.) (carport/storage room found part of house)
- State v. Harris, 470 So.2d 601 (La. App. 1st Cir.) (utility room/carport part of inhabited dwelling)
- State v. Ennis, 97 So.3d 575 (La. App. 4th Cir.) (outbuilding within fenced yard part of victim’s home)
- State v. Martin, 970 So.2d 9 (La. App. 4th Cir.) (porch considered part of house despite roof placement)