Background

• Robert Wells was charged with home invasion but pled not guilty; district court found no probable cause for home invasion but probable cause for domestic abuse battery; after a judge trial Wells was convicted of unauthorized entry into an inhabited dwelling and sentenced to three years at hard labor, suspended, with two years active probation and fines/fees; sentencing court denied motion to reconsider; victim Michelle Wilson gave conflicting testimony but 911 call and officer testimony supported entry without permission; officer observed damage to door and bruising on Wilson; appellate court reviews sufficiency of evidence and procedural/fee issues within the context of Louisiana law.
• Evidence showed Wilson admitted to telling 911 that the door was locked and that Wells was her ex, while Officer Lewis corroborated forced entry and injuries; the trial court weighed contradictory statements, crediting the 911 call over trial testimony; prior inconsistent statements by a witness were considered non-hearsay under the 2004 amendment to C.E. art. 801(D)(1)(a).
• Appellate court cites relevant Louisiana and federal standards for sufficiency of evidence (Jackson v. Virginia) and credibility deference to trial court; court compares Wells’ entry to similar cases (Wilson, Nunnery, Coleman, Cojoe, Woods) to support upholding the conviction despite defense arguments about ownership/permission.
• Court addresses Assignment of Error No. 2 regarding the $800 payment to the Judicial Expense Fund vs Criminal Court Fund; determines the only proper authorities were either 895.1(B)(2) (fines to Criminal Court Fund) or 13:1381.4 (costs to Judicial Expense Fund); since no costs were assessed, the $800 must be treated as a fine payable to the Criminal Court Fund, not the Judicial Expense Fund; vacates and remands for correction accordingly.
• Assignment of Error No. 3 argues excessive sentencing under Art. 894.1; reviewing standard allows deference to trial court unless manifest abuse; author cites Landry and major cases; Wells’ three-year hard labor sentence (with suspension and two years probation) is within statutory limits and supported by the violent conduct (kicking in door, pulling Wilson from bed, injuring her arm/neck) and the nature of home invasion; court affirms conviction and not excessive sentence, but remands to correct the fund allocation.

Issues

Key Cases Cited

• State v. Wilson, 956 So.2d 41 (La.App.4 Cir. 2007) (affirmed conviction for unauthorized entry; victim’s statements and prior testimony considered in weighing credibility)
• State v. Nunnery, 891 So.2d 67 (La.App.4 Cir. 2004) (upheld unauthorized entry conviction where victim allowed entry previously but later withhold permission)
• State v. Coleman, 828 So.2d 1130 (La.App.4 Cir. 2002) (sufficiency of evidence for unauthorized entry in relationships; prior occupancy factors considered)
• State v. Cojoe, 785 So.2d 898 (La.App.4 Cir. 2001) (entry into victim’s house after being told to leave; locks changed; no permission present at time of offense)
• State v. Woods, 526 So.2d 443 (La.App.4 Cir. 1988) (non-marital residence; community funds not determinative of permission to enter)
• Jackson v. Virginia, 443 U.S. 307 (1979) (standard for reviewing sufficiency of evidence)