188 So. 3d 350
La. Ct. App.2016Background
- On May 24, 2013 a masked man wearing a green hoodie stabbed store manager Kenneth Berry in the neck outside a dollar store, rendering him quadriplegic, then entered the store, threatened cashier Shamona Cooper with a knife and stole $376.
- Witnesses saw the robber flee toward woods behind the store; police recovered clothing, a kitchen knife, a skull cap and cash in that area.
- Crime-scene blood drops at the register produced a DNA profile that matched Quennel Washington; probability of a random match was ~1 in 3.58 quadrillion.
- Cooper identified Washington from a six-person photo lineup and in open court; Berry (who had seen Washington as a customer before) also identified him at trial.
- A jury convicted Washington of armed robbery and attempted second-degree murder; he was adjudicated a second felony offender and sentenced to concurrent terms of 55 years (armed robbery) and 45 years (attempted murder) at hard labor, without benefits.
- Washington appealed, raising (1) insufficiency of the evidence (including lack of intent to kill), (2) an allegedly invalid/ambiguous jury verdict form, and (3) excessive sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to identify perpetrator | State: eyewitness IDs + surveillance + DNA match establish identity beyond reasonable doubt | Washington: IDs and DNA insufficient to convict | Court: Evidence (IDs, surveillance showing blood dripping, and DNA match) sufficient to prove identity and guilt beyond reasonable doubt |
| Specific intent to kill for attempted 2d-degree murder | State: knife attack, severe wounds, and conduct support inference of specific intent to kill | Washington: Berry was not targeted; threats insufficient to show intent to kill | Court: Specific intent can be inferred from use of deadly weapon and severity of injuries; evidence supports intent to kill |
| Ambiguous jury verdict form (foreman signed both guilty and not guilty) | Washington: form not completed as required by La. C.Cr.P. art. 810; clarification hearing impermissible; verdict ambiguous | State: jury polling and foreman explanation show unanimous guilty verdict; discrepancy harmless | Court: Polling and record show unanimous guilty verdict; foreman signed not guilty in error; discrepancy harmless error; conviction stands |
| Excessive sentence | Washington: court overstated prior violent convictions (treated as four not two incidents) and failed to give adequate weight to mental illness; sentence disproportionate | State: court considered guidelines, criminal history, severity (victim paralyzed), lack of rehabilitation; sentences within statutory exposure | Court: Trial court considered Art. 894.1 factors and mental-health records; given prior history and severity, sentences not constitutionally excessive |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for appellate review of sufficiency of the evidence)
- State v. Lanclos, 419 So.2d 475 (La. 1982) (Articulation of factual basis for sentence; substantial compliance with Art. 894.1)
- State v. Dorthey, 623 So.2d 1276 (La. 1993) (constitutional excessiveness test under La. Const. art. I, § 20)
- State v. Bishop, 835 So.2d 434 (La. 2003) (attempted second-degree murder requires proof of specific intent to kill)
- State v. Thomas, 609 So.2d 1078 (La. App. 2d Cir. 1992) (role of factfinder in assessing witness credibility)