149 So. 3d 310
La. Ct. App.2014Background
- Feb. 12, 2009, guns stolen from Clifton Reed’s Moss Bluff home; Webb was charged with six counts of illegal possession of stolen firearms, one count of possession of a firearm by a convicted felon, and one simple burglary, but was acquitted of burglary and two gun counts.
- Jury found Webb guilty on counts 2 and 3 (two stolen Smith & Wesson .38 revolvers) and count 5 (Fabrique National semi-automatic pistol), and guilty of the felon-in-possession count.
- The State later filed a habitual-offender bill; at a hearing Webb was adjudicated a fourth habitual offender.
- The trial court imposed three consecutive five-year terms for the three illegal-possession counts and a fifty-year enhanced sentence for felon-in-possession, run consecutively and without benefits.
- The appellate court affirms in part, vacates in part, and remands for proceedings consistent with the opinion, including vacating the Fabrique National count and the habitual-offender adjudication as stated.
- Issues that follow address sufficiency of the evidence, constitutional challenges to 14:95.1, excessiveness, and habitual-offender sequencing; supplemental and pro se errors are also discussed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for counts 2 and 3 | State contends circumstantial evidence showed Webb possessed stolen guns. | Webb asserts no proof he possessed the specific guns charged. | Sufficient circumstantial evidence supports possession of two stolen .38 revolvers. |
| Sufficiency of evidence for count 5 (Fabrique National) | State argues Webb possessed the Fabrique National pistol tied to theft. | No witness linked Webb to that specific weapon. | Conviction for count 5 vacated for lack of sufficient evidence. |
| Constitutionality of La.R.S. 14:95.1 (felon-in-possession) | State contends issue not properly preserved; constitutional challenge raised. | La.R.S. 14:95.1 unconstitutional under La. Const. art. I, § 11. | Constitutional challenge not reviewed on appeal due to preservation issues; merits not reached. |
| Excessiveness of aggregate sentence | State argues sentence within statutory range, not excessive. | Sentence grossly disproportionate and punitive beyond purpose of punishment. | Excessiveness claim regarding enhanced felon-in-possession moot after vacating habitual-offender adjudication; non-enhanced counts reviewed and not found excessive. |
| Habitual-offender adjudication and sequencing (two vs. four offenses) | State relied on multiple prior offenses to enhance; includes sequencing rules. | Two simple-burglary priors should count as one; improper enhancement. | Vacated as a fourth habitual offender; remanded for proceedings consistent with the opinion. |
Key Cases Cited
- State v. Leger, 936 So.2d 108 (La. 2006) (Jackson-based sufficiency standard under Article 821)
- State v. Captville, 448 So.2d 676 (La.1984) (Circumstantial evidence standard; any reasonable doubt ruled out)
- State v. Musall, 523 So.2d 1305 (La.1988) (Due process and weighing evidence by appellate court)
- State v. Harris, 968 So.2d 187 (La.App.5th Cir. 2007) (Sufficiency with lack of physical evidence under exigent circumstances)
- State v. Patton, 68 So.3d 1209 (La.App.1st Cir. 2011) (Error-patent review of habitual-offender sequencing)