APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 15-3031, DIVISION
"B" HONORABLE CORNELIUS E. REGAN, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr., Terry M. Boudreaux, Andrea F. Long, Lynn
Schiffman Marko Marjanovic
COUNSEL FOR DEFENDANT/APPELLANT, ROCKEY A. BURNHAM Prentice
composed of Fredericka Homberg Wicker, Jude G. Gravois, and
Robert A. Chaisson
A. CHAISSON JUDGE
appeal, defendant, Rockey Burnham, challenges the sufficiency
of the evidence used to convict him of fourth offense driving
while intoxicated. For the reasons set forth herein, we
affirm defendant's conviction and sentence and remand the
matter with instructions.
9, 2015, the Jefferson Parish District Attorney filed a bill
of information charging defendant with fourth offense
operating a vehicle while intoxicated, having received the
benefit of parole, probation, or suspension of sentence on a
previous fourth offense driving while intoxicated conviction,
in violation of La. R.S. 14:98(A) and La. R.S. 14:98.4(C). At
the arraignment, defendant pled not guilty.
matter proceeded to trial before a twelve-person jury on
April 18, 2016. After considering the evidence presented, the
jury, on April 20, 2016, found defendant guilty as charged.
Defendant thereafter filed a motion for post-verdict judgment
of acquittal and a motion for new trial, in which he alleged
generally that "there was insufficient evidence from
which to convict." On May 6, 2016, the trial court
denied defendant's two motions.
defendant waived sentencing delays, the trial court sentenced
him to imprisonment at hard labor for twenty years without
the benefit of parole, probation, or suspension of sentence.
Defendant thereafter filed a motion to ...