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State v. Humphery

Court of Appeals of Louisiana, Fifth Circuit

November 25, 2014

STATE OF LOUISIANA
v.
WINONA HUMPHERY

Page 938

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 12-5772, DIVISION " A" . HONORABLE RAYMOND S. STEIB, JR., JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, Twenty-Fourth Judicial District, Parish of Jefferson, TERRY M. BOUDREAUX, ANNE M. WALLIS, SHANNON K. SWAIM, ASSISTANT DISTRICT ATTORNEYS, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

BRUCE G. WHITTAKER, ATTORNEY AT LAW, Louisiana Appellate Project, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Robert M. Murphy, and Hans J. Liljeberg.

OPINION

ROBERT M. MURPHY, J.

Page 939

[14-519 La.App. 5 Cir. 2] Defendant, Winona Humphery, appeals her conviction for second degree kidnapping of a known juvenile (DOB: 5/14/99) in violation of La. R.S. 14:44.1. In her sole assignment of error, defendant argues that there was insufficient evidence to support the " physical injury" element of the charge of second degree kidnapping. For the following reasons, we find defendant's assignment of error to be without merit and affirm defendant's conviction and sentence. However, we remand this matter to the trial court for correction of the uniform commitment order.

STATEMENT OF THE CASE

On December 13, 2012, the Jefferson Parish District Attorney filed a bill of information charging defendant with second degree kidnapping of a known juvenile (DOB: 5/14/1999) in violation of La. R.S. 14:44.1. Defendant was [14-519 La.App. 5 Cir. 3] arraigned on December 21, 2012, and she pled not guilty. On June 10, 2013, defendant filed omnibus and pre-trial motions including motions to suppress statements, evidence, and identifications.

On February 18, 2014, defendant filed a written motion to quash, which the trial court denied after a motion hearing held on that same date. At that same motion hearing, the trial court heard defendant's motion to suppress statement, which was denied. After waiving the jury, defendant immediately proceeded to a two-day judge trial. On the second day of trial, defendant made an oral motion for a judgment of acquittal, which the court denied. Defendant was found guilty as charged on that same date.

On April 21, 2014, defendant filed and the trial court denied defendant's motion for new trial, wherein defendant urged in pertinent part that the victim received no injuries. After waiving sentencing delays, defendant was immediately sentenced to five years imprisonment at hard labor with three years of the sentence suspended. The trial court ordered the first two years of the sentence be served without benefit of probation, parole, or suspension of sentence. The court further ordered that defendant be placed on active probation for three years upon her release. In addition to all general conditions of probation, the court ordered that defendant pay court costs and fines. Defendant filed a written motion for appeal on that same date, which was withdrawn by defense counsel. On April 28, 2014, defendant filed, and the trial court granted, a subsequent motion for appeal. This timely appeal follows.

[14-519 La.App. 5 Cir. 4] FACTS

In 1998, R.H.[1] and C.H. met and lived together unmarried in New Orleans, Louisiana. In 1999, they had a child, J.H.; R.H. signed the birth certificate[2] as J.H.'s father. In 2000, R.H. first met defendant, Winona Humphery, C.H.'s mother. That same year, C.H. married someone else. In 2001, R.H. was convicted of forcible rape while he was still in a relationship with C.H. He served ...


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