State v. Bryant

• Decision Date: 16 October 2012
• Docket Number: No. 2012–K–233.,2012–K–233.
• Citation: 101 So.3d 429
• Parties: STATE of Louisiana v. Jerome BRYANT, Jr.
• Court: Louisiana Supreme Court

101 So.3d 429

STATE of Louisiana

v.Jerome BRYANT, Jr.

No. 2012–K–233.

Supreme Court of Louisiana.

Oct. 16, 2012.

James D. Caldwell, Attorney General; Charles Rex Scott, District Attorney, Suzanne M. Owen, Assistant District Attorney, Caddo Parish District Attorney's Office, for Applicant.

Douglas Lee Harville, Louisiana Appellate Project, for Respondent.

JOHNSON, Justice.

[2012-233 (La. 1]We granted this writ application to determine whether the court of appeal erred in overturning defendant's conviction for aggravated burglary. Finding the evidence sufficient to support the trial judge's finding that defendant, Jerome Bryant, Jr., entered the victim's home, we reverse.

FACTS AND PROCEDURAL HISTORY

On February 5, 2009, Jason Goetz, who resided at 433 Pennsylvania Avenue in Shreveport, Louisiana, was home alone with his two-year-old daughter. Mr. Goetz testified he heard a noise at the french doors at the back of his house and walked over to investigate. The blinds on the french doors were only partially lowered, and he was able to see the bottom of an unknown man's pants through the glass of the doors. The man then kicked in the back doors. Mr. Goetz testified the man appeared surprised to see him and immediately fired two shots in his direction and then ran away. Mr. Goetz testified that the man did not enter his house, but shot at him while standing on a step outside of the back door. After the man ran away, Mr. Goetz went to his daughter's room, looked through the window blinds and observed the man drive away in a white vehicle. Mr. Goetz then called 911.

Defendant was apprehended shortly thereafter at another location. Mr. Goetz [2012-233 (La. 2]was brought to that location and positively identified Jerome Bryant as the man who kicked in his doors and fired the two shots. Defendant and a co-defendant, Deandrae Jackson, were subsequently charged relative to burglaries at three separate residences on the same date. Specifically, on March 11, 2009, by three separate bills of information, defendant was charged with two counts of simple burglary of an inhabited dwelling in violation of La. R.S. 14:62.2, and one count of attempted second degree murder, which was later amended to aggravated burglary, in violation of La. R.S. 14:60 for the incident involving Mr. Goetz.

After waiving his right to trial by jury, defendant went to trial before the court November 3, 2010, on one count of simple burglary and one count of aggravated burglary. This writ application solely concerns the trial on the aggravated burglary charge involving the Goetz residence. After the State rested its case, defendant moved for a directed verdict arguing the State failed to prove he actually entered Mr. Goetz's home, a necessary element of the crime of burglary. The State countered that defendant had entered the home when his foot kicked the door open and when he pointed the gun inside the house. The trial court denied the request for a directed verdict and the defense rested. Defendant was convicted of one count of aggravated burglary. Defendant was also convicted of simple burglary of another residence, however that conviction is not subject of the instant writ application. Defendant subsequently received a substantial sentence as a habitual offender.

Defendant appealed his conviction and sentence, arguing the evidence was insufficient to prove he committed the crime because he never actually entered the residence.¹ The court of appeal set aside his conviction and sentence for aggravated burglary, as well as the habitual offender adjudication, and remanded the matter to the [2012-233 (La. 3]trial court for entry of judgment of guilty of attempted aggravated burglary and re-sentencing. ² The court of appeal found the evidence insufficient to support defendant's conviction for aggravated burglary because Mr. Goetz never testified that any part of defendant's body entered his house, even when defendant kicked open the door, and the State introduced no evidence or expert testimony to show that defendant's foot did, or necessarily would have had to, enter the house. The court further held that defendant's habitual offender adjudication must be vacated as it was based on the aggravated burglary charge. The court found the record sufficient to support a conviction for the lesser-included offense of attempted aggravated burglary.

The State filed the instant writ application, which we granted.³

DISCUSSION

La. R.S. 14:60 provides, in pertinent part:

Aggravated burglary is the unauthorized entering of any inhabited dwelling ... where a person is present, with the intent to commit a felony or any theft therein, if the offender,

(1) Is armed with a dangerous weapon; or

(2) After entering arms himself with a dangerous weapon; or

(3) Commits a battery upon any person while in such place, or in entering or leaving such place.

(Emphasis added). The sole issue before this Court is whether the court of appeal erred in holding that the State presented insufficient evidence of an “entry” such that there could be no conviction of aggravated burglary.

The State argues the court of appeal erroneously applied the Jackson v. Virginia⁴ standard, holding the State to a burden of proof greater than that required [2012-233 (La. 4]by law on the question of whether an unauthorized entry was made. The State notes that while Mr. Goetz did answer “no” when questioned if defendant entered his home, it is clear Mr. Goetz approached this question as a layperson would, addressing only whether defendant actually stepped inside his home. According to the State, the only legal requirement is that any part of defendant's body cross the plane of the door. The defendant's actions in kicking in the door while standing on the step, then fully extending his arm while firing his gun constituted evidence that some unauthorized entry was made. The trial judge was aware of the appropriate standard for an entry, and was able to observe Mr. Goetz demonstrate how defendantkicked in the door and held the gun. The trial judge's determination of the fact of entry must be given deference and must be viewed in the light most favorable to the prosecution under Jackson.

By contrast, defendant argues the evidence at trial failed to establish beyond a reasonable doubt that he entered Mr. Goetz's home. Defendant agrees that the State need only prove any portion of his body passed the line of the door's threshold, but argues this burden was not met. Mr. Goetz specifically testified defendant never entered his house, and stated that defendant fired the shots from the step. Mr. Goetz never testified that he saw any part of defendant's body cross the plane into his dwelling. The State introduced no evidence on this issue other than the testimony of Mr. Goetz. Thus, defendant argues the court of appeal correctly reversed the aggravated burglary conviction.

In reviewing the sufficiency of the evidence to support a conviction, this Court has recognized that an appellate court in Louisiana is controlled by the standard enunciated by the United States Supreme Court in Jackson v. Virginia, supra. [2012-233 (La. 5]State v. Tate, 01–1658 (La.5/20/03), 851 So.2d 921, 928 (citing State v. Captville, 448 So.2d 676, 678 (La.1984)). Under this standard, an appellate court “must determine that the evidence, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime had been proved beyond a reasonable doubt.” Tate, 851 So.2d at 928.

“Entry” is not statutorily defined in Louisiana. While this Court has never directly addressed the issue, our appellate courts have found “entry” for purposes of the crime of burglary whenever any part of the defendant's body passes the line of the threshold. See, State v. Abrams, 527 So.2d 1057, 1059 (La.App. 1st Cir.1988) (“it is sufficient if any part of the actor's person intrudes, even momentarily, into the structure”); State v. Hogan, 33,077 (La.App. 2 Cir. 3/1/00), 753 So.2d 965, 967;State v. Jefferson, 33,333 (La.App. 2 Cir. 5/10/00), 759 So.2d 1016, 1019. The term has also been uniformly defined in criminal law treatises. Wharton's provides:

There is entry when any part of the defendant's person passes the line of the threshold. Thus, there is an entry when the defendant, after opening a closed door, steps across the threshold; when, after breaking the glass of a door or window, he reaches inside to unlock the door or window or to steal property; when in the course of breaking the glass of a door or window, his finger, hand, or foot happens to pass through the opening; or when, in the course of pushing open a closed door or raising a closed window, his finger or hand happens to pass the line of the threshold or to pass through the opening.

3 Wharton's Criminal Law, § 322, pp. 247–48 (15th ed.1995, Charles E. Torcia, ed.); see also W.R. LaFave, A.W. Scott, 2 Substantive Criminal Law § 8.13, p. 467 (1986) (“It is sufficient if any part of the actor's person intrudes, even momentarily, into the structure. Thus, the momentary intrusion of part of a foot in kicking out a window, constitutes the requisite entry.”)

High courts in other jurisdictions have defined entry similarly, consistently holding that a “slight entry,” consisting of any part of the actor's body crossing the [2012-233 (La. 6]plane, is sufficient. See, People v. Beauchamp, 241 Ill.2d 1, 348 Ill.Dec. 366, 944 N.E.2d 319, 324 (2011); State v. Keopasaeuth, 645 N.W.2d 637 (Iowa 2002); State v. Gutierrez, 285 Kan. 332, 172 P.3d 18, 23 (2007); State v. Crossman, 790 A.2d 603, 606 (Me.2002); Hebron v. State, 331 Md. 219, 627 A.2d 1029 (1993); State v. Fernandes, 783 A.2d 913, 917 (R.I.2001); Rowland v. Com., 281 Va. 396, 707 S.E.2d 331, 333 (2011). We agree with the universal definition given to the term “entry,” and hold as a matter of law that an “entry” for purposes of the crime of burglary occurs when any part of the...