209 So. 3d 420
La. Ct. App.2016Background
- Defendant Albert Morris, Jr. challenged the sufficiency of the evidence for his misdemeanor conviction for false imprisonment under La. R.S. 14:46.
- Trial was a bench trial; defendant was found guilty on June 16, 2015.
- Sentenced to six months in parish prison on June 23, 2016.
- Defendant moved for new trial orally at sentencing and in writing on July 12, 2016.
- On November 7, 2016, defendant filed a motion to reopen sentencing; the judge denied the motion for new trial and resentenced him.
- This writ application follows, seeking review of the sufficiency ruling and the sentencing procedure.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for false imprisonment | Morris | Morris | Conviction supported; sufficient evidence |
| Patently improper sentencing procedure at issue (timing of new trial) | Morris | Morris | Error patent; sentence vacated and original sentence reinstated |
Key Cases Cited
- State v. Wooten, 738 So.2d 672 (La.App. 5th Cir. 1999) (sufficiency review standard; between direct and circumstantial evidence; reasonable doubt)
- State v. Rowan, 694 So.2d 1052 (La.App. 5th Cir. 1997) (credibility of witnesses; trier of fact may accept or reject testimony)
- State v. Benoit, 960 So.2d 279 (La.App. 5th Cir. 2007) (one witness’s testimony can support a factual finding absent internal contradictions)
- State v. Banford, 653 So.2d 671 (La.App. 5th Cir. 1995) (standard for sufficiency of evidence; circumstantial and direct evidence considered)
- State v. Williams, 904 So.2d 830 (La.App. 5th Cir. 2005) (circumstantial evidence and reasonable inferences; standard of appellate review)
- State v. Bone, 107 So.3d 49 (La.App. 5th Cir. 2012) (primary function of appellate review is to assess sufficiency; light most favorable to prosecution)
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1981) (standard for sufficiency of evidence in criminal cases)