131 So. 3d 295
La. Ct. App.2013Background
- Defendant Darren Sterling charged with four counts of attempted first degree murder and one count of weapon possession by a felon; Count 5 severed.
- Jury trial resulted in aggravated battery conviction on Count 1 and acquittals on Counts 2–4; defendant found a fifth felony offender and sentenced to 50 years without probation, parole, or suspension.
- December 31, 2010, shooting at Andrea Franklin’s hair salon; defendant confronted Franklin, shot her, then shot into a car as she fled, near bystanders including children.
- Defendant claimed self-defense; State presented witnesses corroborating Franklin’s account; defense claimed insufficiency and self-defense failure; firearms expert testified gun operated normally.
- Court denied post-verdict motions, reviewed sufficiency de novo, addressed mistrial and juror-sleep issues, and affirmed conviction and sentence under habitual offender provisions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated battery | State contends evidence supports aggravated battery | Sterling argues insufficiency and self-defense | Sufficient evidence; not in self-defense; rational trier could convict |
| Mistrial due to courtroom outburst | State urges no mistrial needed; admonition suffices | Sterling argues mistrial warranted | No error; admonitions adequate; no substantial prejudice shown |
| Excessiveness of 50-year sentence | State supports habitual offender sentence | Sterling argues excessive given health and age | Sentence not unconstitutionally excessive; lawful under HO law; court declines to correct as illegal leniency |
| replacement of sleeping juror before deliberations | N/A | Juror allegedly nodded off; request to replace denied | No reversible error; juror not shown unable to perform duties; no mistrial |
Key Cases Cited
- State v. Rainey, 722 So.2d 1097 (La.App. 5 Cir. 1998) (elements of aggravated battery; dangerous weapon; credibility matters)
- State v. Mitchell, 772 So.2d 78 (La. 2000) (circumstantial-evidence standard; reasonable-doubt framework)
- State v. Alexander, 118 So.3d 1138 (La.App. 5 Cir. 2013) (admonition to disregard improper remarks; impact on jurors)
- State v. Cass, 356 So.2d 396 (La.1977) (juror sleeping not per se grounds for removal)
- State v. King, 88 So.3d 1147 (La.App. 5 Cir. 2012) (sleeping juror considerations; need for timely objection)
- State v. Wessinger, 736 So.2d 162 (La.2000) (standard for mistrial and admonitions)
- State v. Chairs, 106 So.3d 1232 (La.App. 5 Cir. 2012) (admonitions and juror-impairment issues)