State v. MartinState v. Martin
Anthony Martin was charged by bill of information with improper telephone communication, in violation of
Defendant was charged with initiating a series of obscene and harassing telephone calls to his victim, a female clerk working alone in a convenience store in the City of Baton Rouge. Beginning at approximately 11:00 p.m., defendant telephoned the store ten to twelve times. He began the first call by asking for the clerk by name; and he then made several obscene suggestions and asked questions of an intimate nature. The victim immediately asked him to stop questioning her and terminated the call. Defendant continued to telephone the store every few minutes. In some of the calls, he identified himself as “Greg” and asked the victim for a date while making offensive suggestions to her. Other calls consisted only of heavy breathing. The victim readily ascertained that she was not acquainted with the caller and attempted to determine the method by which he had learned her name. The caller refused to give her that information and continued to make obscene suggestions and breathe heavily into the receiver. During the eleventh call, defendant gave the victim a telephone number by which he could be reached. She contacted the East Baton Rouge Sheriff‘s Office, and a deputy was dispatched to the store. Defendant called again while the deputy was present. The victim asked defendant for his address, which he provided. The sheriff‘s office verified that address by comparing telephone records for the number he had previously given the victim. After requesting the victim to call the number, the deputies proceeded to the address the caller had given. While the deputies were inside the house, the victim called the number and recognized the voice of the man who answered the call as the initiator of the harassing and obscene calls. Defendant was arrested for improper telephone communication. After he was booked, defendant gave a statement in which he admitted having made the telephone calls but was unable to explain the purpose of his actions. He indicated that he did not know the victim, but had learned her name while making purchases in the store.
PROOF OF INTENT
In assignments of error one and four, defendant argues the evidence is not sufficient to support the verdict because the state failed to prove defendant possessed the intent to intimidate, harass or threaten the victim.
At the time of the instant offense,2
§ 285. Telephone communications; improper language; harassment; penalty
A. No person shall:
(1) Engage in or institute a telephone call, telephone conversation, or telephone conference, with another person, anonymously or otherwise, and therein use obscene, profane, vulgar, lewd, lascivious, or indecent language, or make any suggestion or proposal of an obscene nature or threaten any illegal or immoral act with the intent to coerce, intimidate, or harass another person.
(2) Make repeated telephone communications anonymously or otherwise in a manner reasonably expected to annoy, abuse, torment, harass, embarrass, or offend another, whether or not conversation ensues.
The bill of information filed herein specifically charges that defendant violated both of these paragraphs.
Viewed in the light most favorable to the state, the evidence presented was sufficient to convince a reasonable juror beyond a reasonable doubt that defendant possessed the requisite specific intent.
Moreover, we note that defendant was conjunctively charged with making repeated telephone communications in a manner reasonably expected to annoy, abuse, torment, harass, embarass or offend another. See
EVIDENCE OF MENTAL CONDITION
In assignments of error two, three and four, defendant urges the verdict is not proper because he was afflicted with a mental defect which exempted him from criminal responsibility. In assignment of error number two, defendant urges the fact that he provided the victim with the means by which he could be identified illustrates that the defendant could not distinguish the difference between right and wrong and was not aware that he was committing a crime. In assignment of error number three, defendant argues that, because evidence was presented of his mental defect, the state was required to prove his sanity beyond a reasonable doubt. In assignment of error number four, defendant submits the verdict is erroneous because the state did not prove he was sane at the time of the offense, an essential element of the crime charged.
A legal presumption exists that the defendant is sane and responsible for his actions.
Defendant asserts in brief that the coroner, Dr. Hypolite Landry, stated he did not know whether or not defendant was unable to distinguish between right and wrong at the time of the offense. On cross-examination,
Defendant seems to argue that evidence of his mental disorder demonstrates his legal insanity. The State of Louisiana does not recognize the doctrine of diminished responsibility. State v. Lecompte, 371 So.2d 239 (La.1978); State v. Burton, 464 So.2d 421 (La.App. 1st Cir.1985), writ denied, 468 So.2d 570 (La.1985). A mental defect short of legal insanity cannot serve to negate specific intent and reduce the grade of the crime. State v. Andrews, 369 So.2d 1049 (La.1979); State v. Burton, 464 So.2d at 427.
Defendant further argues the jury erred by refusing to find him not guilty by reason of insanity since evidence of his mental defect was presented. When a defendant pleads not guilty and not guilty by reason of insanity, the determination of his sanity at the time of the offense is a jury question. State v. Craig, 340 So.2d 191 (La. 1976). In criminal cases
In his final assignment of error, defendant urges the evidence is not sufficient to sustain the conviction because the state failed to prove he was sane. As previously set forth, defendant bears the burden of proving he was insane at the time of the offense by a preponderance of the evidence. State v. Nealy, 450 So.2d at 638. We find the evidence supports the conclusion that defendant did not prove his insanity at the time of the offense. Accordingly, defendant‘s conviction and sentence are affirmed.
AFFIRMED.