State v. Monroe
State v. Monroe
Opinion of the Court
|¶ The defendant appeals his conviction and sentence for attempted aggravated burglary. After review of the record in light of the applicable law and arguments of the parties, we affirm the defendant’s conviction and sentence.
Shortly after 8 p.m. on November 20, 2008, Officer Walter Fuquay of the New Orleans Police Department (NOPD) responded to a report of a disturbance at the residence of Andrew Lockett, 1828 Washington Avenue, Apartment 6. Upon his arrival, Officer Fuquay observed Lockett, paralyzed and confined to a wheelchair, on the ground in front of the open door of his apartment and the defendant, Robert Monroe, and Shawntrell Hills on top of him.
On January 9, 2009, the defendant was charged with aggravated burglary and possession of a firearm. He pleaded not guilty and, after a bench trial on April 8, 2009, was found guilty of attempted aggravated burglary. On June 2, 2009, the State filed a multiple bill alleging that Monroe was a second offender. After pleading guilty to the multiple bill, the defendant was sentenced to serve eight years at hard labor.
Assignment of Error
In his sole assignment of error on appeal,
Applicable Law
A challenge to the sufficiency of the evidence supporting a conviction is reviewed under the standard enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). State v. Brown, 2003-0897, p. 22 (La.4/12/05), 907 So.2d 1, 18. Thus, the issue before the court is whether, viewed in the light most favorable to the [¡¡prosecution, the evidence is sufficient to convince a rational trier of fact that all of the elements of the crime of attempted aggravated burglary have been proved beyond a reasonable doubt. Id. When, as in this case, circumstantial evidence forms the basis of the conviction, such evidence must consist of proof of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience. State v. Shapiro, 431 So.2d 372, 378 (La. 1982).
(1) is armed with a dangerous weapon; or
(2) After entering arms himself with a dangerous weapon; or
(3) Commits a battery4 upon any person while in such place, or in entering or leaving such place.... ”
Pursuant to La.Rev.Stat. 14:27, an “attempt” is defined in pertinent part as follows:
A. Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of an tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.
B. (1) Mere preparation to commit a crime shall not be sufficient to constitute an attempt; but lying in wait with a dangerous weapon with the intent to commit a crime, or searching for the intended victim with a dangerous weapon with the intent5 to commit a crime, shall be sufficient to constitute an attempt to commit the offense intended.
| ¿Review of the Evidence
The arresting officer and victim testified at trial
On cross-examination, Mr. Lockett conceded that, although he had never met the defendant before the day of the incident, Ms. Hills was a long-time acquaintance and there was no prior animosity between them. He conceded that neither the defendant nor Ms. Hills verbally threatened him, but on redirect stated that he took the comment “Handle [his] business” to mean that the defendant was to shoot him.
Discussion
The evidence in this case clearly supports the defendant’s conviction for attempted aggravated burglary. The evidence shows that the defendant entered an inhabited dwelling without authorization and, upon entry, pulled out a gun and began wrestling with the victim, a paraplegic. Thus, the trier of fact could reasonably infer that, beyond a reasonable doubt, when he entered the apartment the defendant intended to “use force or violence upon [the victim].” Because the | ^evidence supports a conviction for aggravated burglary, it is sufficient to sustain the conviction of the lesser included offense. See State ex rel. Elaire v. Blackburn, 424 So.2d 246 (La. 1982). The defendant’s assignment of error is without merit.
Errors Patent
A review of the record reveals no patent errors.
Conclusion
The defendant’s conviction and sentence are affirmed.
AFFIRMED.
. Ms. Hills was also charged with aggravated burglary as a result of the November 2008 incident involving Monroe and Lockett. The court found Ms. Hills guilty of attempted simple burglary of an inhabited dwelling.
. The defendant’s motion for an out of time appeal was granted on December 10, 2009.
. The defendant argues that the evidence is insufficient to prove he intended to commit an aggravated battery. Additionally, the defendant argues that the evidence is insufficient to prove he intended to intimidate a witness, as per La. R.S. 14:129.1. The defendant, however, was not charged with intending to intimidate a witness or with aggravated battery. Pursuant to the State’s bill of information, the defendant was charged with aggravated burglary of an inhabited dwelling where he was armed with a dangerous weapon and/or committed a battery upon Mr. Lockett while inside or leaving the residence.
. A battery is defined in La.Rev.Stat. 14:33 as "the intentional use of force or violence upon the person of another.”
. Intent may be inferred from the circumstances. See State v. Francis, 96-2389 (La.App. 4 Cir. 4/15/98), 715 So.2d 457.
. Officers Giselle Russell and Joseph Pollard also testified. Officer Russell, supervisor of 911 operators and dispatchers, testified as to two 911 calls received in relation to the subject incident. Officer Pollard, an expert in the taking, examination and comparison of fingerprints, testified that he took fingerprints of the defendant on the day of trial and attempted to compare the defendant’s fingerprints to a certified copy of an arrest register in the name of Robert Monroe. However, the trial court did not allow the comparison, as there had not been any notice or discussion of the certification package at issue.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.