130 So. 3d 439
La. Ct. App.2013Background
- Wayne G. Taylor was charged (Nov. 2011) with two counts of simple burglary; tried Aug. 14–15, 2012; jury convicted him of the lesser offense of unauthorized entry of a place of business (Count One) and acquitted on Count Two. Sentence: six years at hard labor; conviction appealed.
- Evidence: copper wire thefts and forced entry damage at a multi-building former state school complex (PPG owned since Mar. 10, 2010); PPG witnesses testified buildings were used for records/storage and were locked prior to the discovery of the damage.
- Forensic evidence: DNA from blood found inside one building and DNA from a cigarette lighter at a different building matched Taylor’s CODIS/profile; buccal swabs from Taylor produced matching profiles; the lighter’s mixture was consistent with Taylor as a contributor.
- Investigators found no employment record or permission showing Taylor had authority to be on the premises after PPG’s acquisition; Taylor denied ever being in Plaquemines Parish when asked by detectives.
- Significant gaps: no direct evidence establishing when the blood was deposited; no testimony establishing when the building began to be used as a place of business, nor testimony about cleaning frequency or blood freshness; no recovered copper traced to Taylor and alternative suspects/vehicles were observed nearby.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to sustain conviction for unauthorized entry of a place of business | DNA/blood and lighter DNA placed Taylor in the building during the burglary timeframe; building was used in part as records storage (a place of business) and entry was unauthorized | Evidence did not prove when blood was deposited or that the building was being used as a place of business when blood was deposited; no proof Taylor’s entry was unauthorized at the relevant time | Reversed: evidence insufficient under Jackson standard to prove unauthorized entry while building was being used as a place of business |
| Whether DNA/blood evidence established timing of presence | DNA match plus location of blood inside building permitted reasonable inference Taylor was present during the break-in period | No forensic or testimonial evidence tied the blood to the charged dates; photographs alone insufficient to establish recency | Court held timing not proven; juror speculation would be required to link blood to alleged offense dates |
| Whether building qualified as a “place of business” at time of defendant’s presence | PPG used building for archival records storage; thus qualifies as place of business | No evidence on when PPG began using building as records storage relative to when blood was deposited | Court found insufficient proof the building was used as a place of business at the time the blood was deposited; therefore element not proved beyond a reasonable doubt |
| Whether defendant lacked authority to be in building | Investigators found no record of Taylor’s employment or permission to be on site after PPG acquired property | No evidence excluding the possibility Taylor had authority to enter before PPG ownership or at some other time | Court held State failed to eliminate reasonable hypotheses of innocence as to authorization at relevant time |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (constitutional standard for sufficiency of the evidence)
- State v. Mussall, 523 So.2d 1305 (La. 1988) (appellate review and deference to factfinder while protecting due process)
- State v. Jacobs, 504 So.2d 817 (La. 1987) (general intent suffices for unauthorized entry of a place of business)
- State v. Huckabay, 809 So.2d 1093 (La. App. 4 Cir. 2002) (standards for sufficiency review in this circuit)
- State v. Brown, 3 So.3d 547 (La. App. 4 Cir. 2008) (discussion of what qualifies as a place of business for La. R.S. 14:62.4)