State Of Louisiana v. Donald Steele

I

STATE OF LOUISIANA NO. 2024 KW 0507

VERSUS

DONALD STEELE SEPTEMBER 26, 2024

In Re: State of Louisiana, applying for supervisory writs, 19th
Judicial District Court, Parish of East Baton Rouge, No.
DC - 22- 04120.

BEFORE: WOLFE, MILLER, AND GREENE, JJ.

WRIT GRANTED.
The trial court had the authority to entertain
a motion for a post verdict judgment of acquittal. See La. Code
Crim. P. arts. 821 and 820 ( which makes "[ a] ll provisions of
Chapter 4( Arts. 809- 830)] regulating the responsiveness and

effect of verdicts [ applicable]
to cases tried without a jury") A
post verdict judgment of acquittal shall be granted only if the
court finds that the evidence, viewed in the light most favorable
to the State,
does not reasonably permit a finding of guilty. La.
Code Crim. P. art. 821 ( B) . After the trial court entered the
acquittal, the State had the authority to seek writs. See La.
Code Crim. P. art. 821( D). We now conclude the trial court abused
its discretion in granting the judgment of acquittal. Article
821( A) provides that "[ t] he defendant may move for a post verdict
judgment of acquittal following the verdict." Neither the writ
application nor the defendant' s brief in opposition contain
evidence of such a motion. Further, La. Code Crim. P. art. 778
authorizes the trial court to enter a judgment of acquittal on an
offense charged, on its own motion, after the close of the
evidence, if the evidence is insufficient to sustain a
conviction. Here, however, the trial court did not enter a

judgment of acquittal on. an offense charged after the close of the
evidence.
The trial court found the defendant guilty of La. R. S.
14: 134, then later, on a subsequent court date, decided to change
the guilty verdict to not guilty. Accordingly, the April 18, 2024
ruling is reversed, the conviction of count II is reinstated, and
this matter is remanded for further proceedings.

EW
SMH
HG

URT OF CIRCUIT

PUTY CLERK OF COURT
FOR THE COURT