State v. Thetford
| Decision Date | 17 January 1984 |
| Docket Number | No. CR83-856,CR83-856 |
| Citation | 445 So.2d 128 |
| Parties | STATE of Louisiana, Plaintiff-Appellee, v. Thurmon Brent THETFORD, Defendant-Appellant. |
| Court | Court of Appeal of Louisiana — District of US |
David L. Wallace, Evans, Bradley, Wallace & O'Neal, DeRidder, for defendant-appellant.
W.C. Pegues, III, Dist. Atty., DeRidder, for plaintiff-appellee.
Before GUIDRY, FORET and YELVERTON, JJ.
On May 18, 1983, the defendant, Thurmon Brent Thetford, was convicted, by a six person jury, of two counts of simple burglary, a violation of LSA-R.S. 14:62, one count of theft of property having a value of $500.00 or more, a violation of LSA-R.S. 14:67, and one count of unauthorized use of a movable of $2,000.00 in value, a violation of LSA-R.S. 14:68. (Tr. p. 14). On July 1, 1983, the defendant was sentenced to serve nine (9) years on each count of simple burglary and nine (9) years on the one count of theft. He was sentenced to serve three (3) years on the count of unauthorized use of a movable. All sentences are to run concurrently.
The defendant has filed for an appeal of his conviction based on an allegation of insufficient evidence to sustain the verdict. Upon review of the trial record by defense counsel it becomes apparent that the transcript was incomplete. (Tr. pp. 210, 220). It is indicated by the court reporter, that a malfunction in the recordation equipment has caused certain testimony to be lost. The defendant has requested, by motion to remand, that this Court revest the trial court with jurisdiction on the matter, so that a new and completely recorded trial can be had.
Article 843 of the Louisiana Code of Criminal Procedure provides:
"In felony cases, and on motion of the court, the state, or the defendant in misdemeanor cases tried in a district, parish, or city court, the clerk of court stenographer shall record all of the proceedings, including the examination of prospective jurors, the testimony of witnesses, statements, rulings, orders, and charges by the court, and objections, questions, statements, and arguments of counsel."
The official revision comments to the article indicate that the legislative intent was to effectuate the constitutional guarantee of an appeal in felony cases based upon a review of the full record in the proceedings. Article 1, § 19 of the Louisiana Constitution of 1974 provides:
Without a complete record from which a transcript for appeal may be prepared, a defendant's right of appellate review is rendered meaningless. A slight...
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...or transcribed. See State v. Robinson, 387 So.2d 1143, 1144-45 (La.1980) (testimony of two expert witnesses); State v. Thetford, 445 So.2d 128, 129 (La.App. 3d Cir.1984) (testimony of two alibi witnesses and cross-examination of state witnesses); see State v. Vaughn, 378 So.2d 905, 910-11 (......
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...orders, and charges by the court, and objections, questions, statements, and arguments of counsel. He also cites State v. Thetford, 445 So.2d 128 (La.App. 3rd Cir.1984), which held that a trial transcript which did not contain part of the testimony presented at trial rendered the defendant'......
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