State v. AndrewsState v. Andrews
Bruce G. Whittaker, Staff Appellate Counsel, Indigent Defender Board, Gretna, for Defendant-Appellant, Juanita Andrews.
KLIEBERT, Judge.
After a jury trial, the defendant, Juanita Andrews, was found guilty as charged of the armed robbery and attempted second degree murder of Alejandro Delarosa. The trial court sentenced the defendant to thirteen years at hard labor without benefit of probation, parole, or suspension of sentence on the armed robbery conviction and thirteen years at hard labor on the attempted second degree murder conviction, with the sentences to run concurrently.
Defendant appeals her convictions and sentences. We affirm the convictions and sentences as amended and remand.
On appeal, the defendant contends that the evidence was insufficient to support the conviction of attempted second degree murder. The defendant‘s appeal also urges this Court to search the record for any errors patent on the face of the record.
The standard for testing the sufficiency of the evidence, as pronounced in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) requires that a conviction must be based on proof sufficient for any rational trier of fact, viewing the evidence in the light most favorable to the prosecution, to find the essential elements of the crime beyond a reasonable doubt. State v. Rosiere, 488 So.2d 965 (La.1986).
An attempt to commit a crime is defined by
A. Any person, who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.
The gravamen of the crime of attempted murder, whether first or second degree, is the specific intent to kill and the commission of an overt act tending toward the accomplishment of that goal. State v. Huizar, 414 So.2d 741 (La.1982). Although a specific intent to inflict great bodily harm may support a conviction for murder, the specific intent to inflict great bodily harm will not support a conviction of attempted murder. State v. Martin, 638 So.2d 411 (La.App. 5th Cir.1994); State v. Odom, 511 So.2d 1214 (La.App. 2nd Cir.1987), writ denied, 515 So.2d 446 (La.1987).
Specific intent is defined as that state of mind which exists when the circumstances indicate that the offender actively desired the prescribed criminal consequences to follow his act or failure to act.
In the present case, the victim testified that he was robbed by two females in a parking lot outside a night club as he attempted to retrieve some gum from his car. When the victim refused to give up his wallet, one of the women shouted “give me your wallet or you will die.” When he turned around, the defendant stabbed at him with an umbrella which pierced the victim‘s arm. The defendant‘s twin sister struck the victim in the face with a beer bottle.
The defendant‘s sister, who pled guilty to the reduced charge of aggravated battery, testified that she robbed the victim after striking him in the face with a beer bottle. She refused to identify her co-perpetrator and denied that the defendant was involved in the robbery.
The evidence presented at trial proved that the defendant and her sister robbed the victim and when he resisted the robbery, both perpetrators used weapons to inflict great bodily harm on the victim. The victim was told to give up his wallet or “die.” The injuries caused to the victim were severe. Based on these facts, it can be said that the state proved beyond a reasonable doubt that the defendant had the specific intent to kill and committed an overt act for the purpose of accomplishing that goal.
An error patent review reveals two errors patent on the face of the record. Neither of these errors requires reversal of defendant‘s conviction and sentence.
Our review of the record reveals that the trial judge did not advise the defendant of the prescriptive period for post-conviction relief at the time of the sentencing as mandated by
We affirm the defendant‘s convictions and the sentences imposed as amended. We remand this case to the trial court for further action consistent with this opinion.
AFFIRMED AS AMENDED; REMANDED.