State v. MinorState v. Minor
Defendant Elliot Minor was charged by amended bill of information with seven counts of simple burglary of an inhabited dwelling. See
FACTS
Ray Gaspard, a detective with the city of Abbeville, received information from an informant regarding stolen property. The property was discovered to be that taken during a series of burglaries that Detective Gaspard was investigating. As a result of the investigation, Elliot Minor, the defendant, and Minos Willis, a witness at trial, were arrested for the burglaries. Willis testified to participating in the two burglaries for which defendant was convicted. Willis’ testimony was the primary evidence that convicted Minor. Minor contends the trial court made two reversible errors. They are:
1. The trial court erred in failing to permit defendant the full twelve peremptory challenges required by
La.C. Cr.P. art. 799 at the time the alleged offense occurred which were “fixed” underLSA-Const. Art. 1, Sec. 17 and such was a denial of the defendant‘s constitutional rights to a fair and impartial jury under the United States and the Louisiana Constitutions.
2. The trial court erred in denying a post-verdict judgment for acquittal or a new trial in that the verdict was contrary to the law in that no evidence whatsoever was presented by the State showing that Elliot Minor was one of the persons who was alleged to have committed the simple burglaries charged other than statements by Minos Willis, who was previously convicted of burglary.
ASSIGNMENT OF ERROR NO. 1
By this assignment of error defendant urges that he had a vested right to twelve peremptory challenges because, at the time the alleged crimes were committed,
Although the exercise of peremptory challenges is a substantial right, the number of challenges to be made is a procedural matter. State v. Floyd, 458 So.2d 597, 600 (La.App. 3rd Cir.1984). Thus, a change in the number of peremptory challenges may have retroactive effect without violating the constitutional prohibition against ex post facto laws because a change in the number of peremptory challenges does not materially impair the right of a defendant to have his guilt determined according to the law as it existed when the offense was committed. Id.; State v. Ledet, 458 So.2d 1024, 1030 (La.App. 3rd Cir. 1984), writ denied, 462 So.2d 1263 (La. 1985). Consequently, this assignment of error lacks merit.
Defendant argues that there was insufficient evidence to convict him and, therefore, he should have been granted either a post verdict judgment of acquittal or a new trial. Defendant asserts that the testimony of Minos Willis, who admitted to at least two of the burglaries, was insufficient to prove that defendant was involved in the burglaries. Defendant does not dispute that the State proved beyond a reasonable doubt that the two burglaries were committed. The only issue is whether the prosecution proved that defendant committed the two burglaries.
When allegations are made that the evidence is insufficient to support the verdict, the standard of review is that enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). See State v. Williams, 420 So.2d 1116 (La.1982). Applying the Jackson standard to the question of identity, the question to be asked is whether any rational fact finder, viewing the evidence in the light most favorable to the prosecution, could have found beyond a reasonable doubt that defendant committed the burglaries.
Willis testified that he and defendant perpetrated the two burglaries. A color television set taken from one of the houses was recovered from the person to whom, according to Willis, he and defendant had sold the set. Willis’ testimony was somewhat inconsistent and as an admitted thief, he was perhaps not an entirely reliable witness. However, the determination of the weight and credibility of a witness’ testimony is a function of the trier of fact. See State v. Smith, 445 So.2d 521, 524 (La.App. 3rd Cir.), writ denied, 449 So.2d 1346 (La.1984).
We shall not overturn conclusions drawn by the trier of fact unless it is unsupported by the evidence. Id. In the present case, our review of the record shows that the evidence presented at trial supports the conclusions rendered by the jury. Thus, viewing the evidence in the light most favorable to the prosecution, a rational finder of fact could have found beyond a reasonable doubt that defendant Elliot Minor committed the burglary. This assignment of error lacks merit.
Based on the above reasons, defendant‘s conviction and sentence are affirmed.
AFFIRMED.