State v. Jetton

• Decision Date: 05 April 2000
• Docket Number: No. 32,893-KA.,32,893-KA.
• Citation: 756 So.2d 1206
• Parties: STATE of Louisiana, Appellee, v. Devin Reece JETTON, Appellant.
• Court: Court of Appeal of Louisiana — District of US

756 So.2d 1206

STATE of Louisiana, Appellee, v. Devin Reece JETTON, Appellant.

No. 32,893-KA.

Court of Appeal of Louisiana, Second Circuit.

April 5, 2000.

Rehearing Denied May 4, 2000.

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John M. Lawrence, Shreveport, Counsel for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Robert Randall Smith, Assistant District Attorney, Counsel for Appellee.

Before WILLIAMS, PEATROSS and KOSTELKA, JJ.

WILLIAMS, J.

A jury convicted the defendant, Devin Reece Jetton ("Jetton"), of three counts of simple burglary of a vehicle, LSA-R.S. 14:62. After a subsequent adjudication as an habitual offender, Jetton was sentenced to three consecutive six-year sentences for each count. The sentences were to run consecutively with any other sentence that Jetton may have been serving. The court also ordered Jetton to pay a $1,000 fine for each count. Jetton appeals his convictions and sentences. For the following reasons, we affirm Jetton's convictions and sentences. However, we delete the fine portion of the sentences. Jetton's second-felony habitual offender adjudication is also affirmed.

FACTS

On October 12, 1998, Jetton was charged by bill of information with three counts of simple burglary. Count one involved the burglary of a truck located at 2509 Tillman Drive in Bossier City, Louisiana, on October 27, 1997; count two involved the burglary of a truck located at 2503 Tillman Drive in Bossier City, Louisiana, on October 27, 1997; (collectively referred to as "Tillman"), count three involved the burglary of a car located at 409 Whispering Pines in Haughton ("Haughton"), Louisiana, on October 21, 1997. Three other suspects were implicated in the offenses. Police arrested Jetton on an unrelated house burglary charge. During his interview with police on that offense, on October 31, 1997, Jetton took police to the three vehicle burglary locations involved in the present offenses. Jetton gave a second statement to police on November 3, 1997, in which he admitted only to being present at the Haughton offense.

Prior to trial, Jetton sought to suppress his custodial statements including his identification of the crime locations made on October 31, 1997 to Officers Thomas Delrey and Robert McArthur. Finding that Jetton had been induced to give his statement by promises made to him by the officers, the court ruled the statements inadmissible.

During trial, Jetton also sought to have his November 3, 1997 statement to Officer Tony Staton ("Staton"), in which he admitted to participating in the Haughton burglary, declared inadmissible. Finding that the original inducement for the original statement and identifications had been removed, the court allowed Staton's testimony regarding the second statement at trial.

In addition to Staton's testimony, the state presented the testimony of the three victims who testified that personal items had been removed from their vehicles without their consent, and the burglary scene investigating officers who corroborated the victims' testimony regarding the offenses. Two of Jetton's co-defendants, Troy Twigg ("Twigg") and Kenneth Skaggs ("Skaggs"), also testified. According to Twigg, Jetton was aware that they were going to commit the Tillman burglaries and Jetton and Skaggs waited in the vehicle while Twigg and the other co-defendant, Normandin, got out of the car to commit the Tillman burglaries. Twigg also testified that Jetton actively participated in the Haughton burglary. Contrary to an earlier statement, Skaggs denied Jetton's involvement in any of the burglaries. The prosecutor sought to impeach Skaggs' trial testimony with an earlier custodial statement in which he implicated Jetton in the Tillman burglaries. After the presentation of this evidence, a unanimous jury convicted Jetton on all three counts of simple burglary.

DISCUSSION

Sufficiency of the Evidence

In assignment of error number two, Jetton argues that the evidence was insufficient to convict him as a principal to the Tillman burglaries.¹ Jetton failed to file a motion for post-verdict judgment of acquittal, in accordance with LSA-C.Cr.P. art. 821. Nevertheless, this court has held that a claim of sufficiency of the evidence may be raised by assignment of error on appeal. State v. Green, 28,994 (La.App.2d Cir.02/26/97), 691 So.2d 1273.

When issues of both sufficiency of the evidence and trial errors are raised on appeal, the reviewing court should first determine the sufficiency of the evidence. State v. Hearold, 603 So.2d 731 (La.1992). This review includes the entirety of the evidence, including admissible and inadmissible evidence which was erroneously admitted. Id.

The proper standard for appellate review for a sufficiency of evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Bellamy, 599 So.2d 326 (La.App. 2d Cir.1992), writ denied, 605 So.2d 1089 (La.1992).

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. The facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was guilty of every essential element of the crime. State v. Owens, 30,903 (La.App.2d Cir.09/25/98), 719 So.2d 610, writ denied, 98-2723 (La.02/05/99), 737 So.2d 747.

To convict a defendant of simple burglary, the state must prove that the defendant gained unauthorized entry into a vehicle or structure with the specific intent to commit a felony or theft therein. LSA-R.S. 14:62.

Because there was no evidence that Jetton entered either vehicle located on Tillman drive, the state had the burden of showing that Jetton was a principal to the offense. LSA-R.S. 14:24. To be guilty as a principal to such a burglary, the offender does not have to personally enter the burglarized structure. State v. Ortiz, 96-1609 (La.10/21/97), 701 So.2d 922, cert. denied, 524 U.S. 943, 118 S.Ct. 2352, 141 L.Ed.2d 722 (1998). Rather, the state has to show that Jetton was concerned in the commission of the crime, aided or abetted in its commission, or directly or indirectly counseled another to commit the crime as a principal. LSA-R.S. 14:24.

Only those persons who knowingly participate in the planning and/or execution of a crime are principals. State v. Pierre, 93-0893 (La.02/03/94), 631 So.2d 427. Mere presence at the scene is not enough to "concern" an individual in a crime. Id. Moreover, a person may only be convicted as a principal for those crimes for which he personally has the requisite mental state. Id. Knowledge that a crime will be, or has been, committed is insufficient by itself to convict a person as a principal. State v. Cayton, 98-100 (La. App. 3d Cir.10/28/98), 721 So.2d 542.

In the instant case, Twigg's trial testimony connected Jetton to the Tillman burglaries.² While the victims' and investigating officers' testimony established that the items had been taken without permission from two vehicles located on Tillman Street in Bossier City, Louisiana, none of that testimony associated Jetton with the offenses. Likewise, Jetton's November 3, 1997 statement to Staton only acknowledged his presence at the Haughton burglary.

At trial, Twigg testified that all four men left the home where they resided together and went out to break into vehicles. He testified that Skaggs and Jetton waited in the car which Skaggs drove while he and Normandin actually burglarized the vehicles on Tillman Drive. On cross-examination, Twigg indicated that he did not know if Jetton knew when the burglaries had actually occurred. In response to defense counsel's inquiry, Twigg further testified that Jetton "might have been asleep" in the car while he and Normandin were actually breaking into vehicles. According to Twigg, neither Jetton nor Skaggs received any of the proceeds from the sale of the burglary items because only Twigg and Normandin actually entered the vehicles.

We find the evidence sufficient to convict Jetton as a principal to simple burglary of the vehicles on Tillman Street. A jury may convict upon a co-defendant's uncorroborated testimony. State v. Matthews, 450 So.2d 644, 647 (La.1984). The state proved through the testimony of Twigg, the co-defendant, that Jetton knowingly participated in the planning of the crimes and accompanied his co-defendants to the scene where the crimes were committed. Further, the record reflects that the jury was aware that Twigg and Jetton had actually committed the Haughton burglary six days prior to the early morning Tillman burglaries.

Viewing the evidence in a light most favorable to the prosecution, we conclude that any rational trier of fact could have found, beyond a reasonable doubt, that Jetton was a principal to the Tillman burglaries and was equally as culpable as the others. LSA-R.S. 14:24.

Admissibility of Custodial Statement

Jetton next argues that his statements to Staton on November 3, 1997, should have been suppressed for the same reasons that the trial court held inadmissible his October 31, 1997 statement and identification of the burglary locations. The trial court found the October 31 statement and identification involuntary due to police officers' promises regarding Jetton's charges and bond reduction. Jetton argues that because his reliance on police promises was not limited to certain police officers, his statements to Officer Staton should have also been ruled inadmissible.

In the November 3, 1997 statement, Jetton told Staton that he and two co-defendants drove to the Haughton home and Jetton remained in the vehicle while another co-defendant burglarized the vehicle.

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