State v. Williams, 103 So. 3d 558

Defendant Trenton Williams charged by bill of information with simple burglary of an inhabited dwelling (LSA-R.S. 14:62.2).
After a jury trial, Williams was convicted of the responsive verdict of attempted simple burglary of an inhabited dwelling (LSA-R.S. 14:27, 14:62.2).
The trial court imposed the maximum six-year sentence at hard labor.
Witnesses included the victim Conway Thomas, Detective Allison Azlin, and Ann Williams (defendant’s adoptive mother); Thomas reported two men inside his home and missing televisions and jewelry.
Detective Azlin testified that Williams admitted entering the house with another man and taking property, but claimed he did not know it was his cousin’s house.
In defense, Williams claimed he only drove the accomplice to the residence and that the house belonged to “Christaw’s people,” while acknowledging the car and thefts were linked to his relative.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for attempted burglary	Williams; evidence shows entry and intent	Conflict between victim and defense; credibility issues	Yes; sufficient evidence supports intent and entry to convict
Excessive sentence under Article 894.1	Six-year sentence appropriate given circumstances	First-felony offender; probation feasible	Not excessive; within trial court’s discretion and within statutory limits

State v. Prine, 13 So.3d 758 (La.App.2d Cir.5/20/09) (state must prove specific intent to commit the crime)
State v. Jones, 74 So.3d 197 (La.2001/04) (intent may be inferred from circumstances)
State v. Huizar, 414 So.2d 741 (La.1982) (determines whether requisite intent is present)
State v. Gullette, 975 So.2d 753 (La.App.2d Cir.2/13/08) (credibility decisions are for the factfinder)
State v. Shivers, 998 So.2d 877 (La.App.2d Cir.12/3/08) (great deference to witness credibility)
State v. Burd, 921 So.2d 219 (La.App.2d Cir.1/27/06) (sufficiency review favors prosecution when evidence supported)