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482 So. 2d 188

State v. Risen

Louisiana Court of Appeal

Decided January 15, 1986

Louisiana Court of Appeal · decided 1986-01-15

Relies on Jackson v. Virginia

Decided 1986-01-15

WILLIAMS, Judge.

¶1Defendant Charles Risen was convicted of second degree murder in violation of La.R.S. 14:30.1. He appeals his conviction, requesting that we review the record for errors patent.

¶2Defendant was charged with fatally shooting Robert Lashley on May 28, 1983. Defendant was identified by means of a photographic line-up approximately one month later by a witness to the shooting. A warrant was issued for defendant’s arrest, which was effected when he was stopped subsequently on a traffic violation.

¶3At trial, the victim’s brother testified that on the day of the murder, defendant, armed with a gun, had been searching for Lashley in order to kill him. The witness who identified defendant testified that at the scene of the crime, he heard a shot, saw Lashley fall, and then saw defendant put his hand in his shirt and run away. Defendant testified that he had not shot the victim, and furthermore, that at the time of the crime he was unable to walk because of problems resulting from injecting drugs into his feet, and from a previous gunshot wound. Both defendant’s brother and his brother’s wife testified that defendant lived with them at the time of the shooting and his leg did bother him at times. Neither could remember, however, where defendant was at the time of the shooting.

¶4We have reviewed the evidence presented at trial in the light most favorable to the prosecution and have found that any rational trier of fact could have found defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). We have also reviewed the record for errors patent and have found none.

¶5For the foregoing reasons, defendant’s conviction and sentence are AFFIRMED.

¶6AFFIRMED.

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