from the First Judicial District Court for the Parish of
Caddo, Louisiana Trial Court No. 301, 388 Honorable Brady D.
LOUISIANA APPELLATE PROJECT Carey J. Ellis Counsel for
WAYNE DUFFY Pro Se.
E. STEWART, SR. District Attorney MEKISHA S. CREAL SENAE D.
HALL TOMMY J. JOHNSON Assistant District Attorneys Counsel
WILLIAMS, MOORE, and GASKINS (Pro Tempore), JJ.
defendant, Bruce Wayne Duffy, was charged by bill of
information with issuing worthless checks in an amount of $1,
500 or more, a violation of La. R.S. 14:71. After a jury
trial, the defendant was found guilty as charged. Defendant
was sentenced to serve 4 years at hard labor, suspended, and
was placed on supervised probation for three years, with
conditions including the payment of a $200 fine and
restitution. Defendant appeals his conviction. For the
following reasons, we affirm.
record shows that in 2010 defendant received money from an
inheritance and opened a savings and checking account with
Pelican State Credit Union ("Pelican"). Defendant
then obtained a line of credit at Sam's Town Casino in
the amount of $20, 000 that was payable from his Pelican
checking account. The line of credit allowed defendant to
sign markers to gamble.
February 22, 2011, defendant signed three markers for a total
of $20, 000. On that date, defendant's checking account
contained $10, 418. When defendant did not pay the markers
within 30 days, the casino submitted the markers to Pelican
for payment. The markers were returned unpaid and the casino
then sent a demand letter warning defendant that if the debt
was not paid, the matter would be sent to the district
attorney's office for prosecution.
was arrested and charged with issuing worthless checks.
Following a jury trial, defendant was found guilty as
charged. The trial court denied the defendant's motions
for new trial and for post-verdict judgment of acquittal.
Defendant was sentenced to serve 4 years at hard labor,
suspended, with three years of supervised probation.
Defendant was ordered to pay a $200 fine and restitution of
$20, 000 to Sam's Town Casino. The defendant's motion
to reconsider sentence was denied. This appeal followed.
defendant contends the evidence presented was insufficient to
support the conviction of issuing worthless checks. Defendant
argues the state failed to prove that he had the intent to
defraud the casino at the time he signed the markers.
standard of appellate review for a sufficiency of the
evidence claim is whether, after viewing the evidence in the
light most favorable to the prosecution, any rational trier
of fact could have found the essential elements of the crime
proven beyond a reasonable doubt. Jackson v.
Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560
(1979); State v. Tate, 2001-1658 (La. 5/20/03), 851
So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct.
1604, 158 L.Ed.2d 248 (2004); State v. Carter, 42,
894 (La.App. 2 Cir. 1/9/08), 974 So.2d 181, writ
denied, 2008-0499 (La. 11/14/08), 996 So.2d 1086. This
standard, now legislatively embodied in La. C.Cr.P. art. 821,
does not provide the appellate court with a vehicle to
substitute its own appreciation of the evidence for ...