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STATE OF LOUISIANA Plaintiff-Appellee v. RYAN SMITH Defendant-Appellant.

BROWN, C.J., dissenting from the denial of rehearing

Defendant was a principal to the offense. She drove the car, specifically looked for and identified a victim and immediately after the robbery passed the victim's check at KFC. The police found both defendant and her boyfriend at their residence. The opinion states that they were in possession "of several guns and the victim's property."

On cross-examination, defendant admitted that she saw her boyfriend with a "silver gun." Defendant's nephew, who was riding in the car, testified that the gun was large, i.e., a "hog leg." Defendant as well as her boyfriend gave several different accounts attempting to minimize their guilt. The circumstances support the jury's verdict beyond a reasonable doubt. The majority simply reweighed the evidence which is constitutionally prohibited and reduced the conviction.

I would grant a rehearing.

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STATE v. SMITH, 42,302 (La.App. 2 Cir. 9/13/07)
(Sep 13, 2007)