State v. Heacox

21 Citing cases

  1. State v. Fisher

    669 So. 2d 460 (La. Ct. App. 1996)   Cited 24 times
    In State v. Fisher, 94-2255 (La.App. 1st Cir. 12/15/95), 669 So.2d 460, writ denied, 96-0958 (La. 9/20/96), 679 So.2d 432, the court reversed the conviction for possession of a firearm by a felon and ordered the defendant released holding that, although the defendant was clearly aware of the gun's presence in the vehicle, there was no evidence his intent amounted to an intent to possess the gun rather than mere acquiescence to the fact his sister owned a gun and had the gun in her purse, citing State v. Heacox, 543 So.2d at 106 (La.App. 3d Cir. 1989).

    Mere presence in an area where a firearm is found, or mere association with an individual found to be in possession of a firearm, does not necessarily establish possession. State v. Heacox, 543 So.2d 101, 105-06 (La.App. 3d Cir. 1989). Clearly, defendant was aware of the gun's presence.

  2. State v. Dabney

    809 So. 2d 1196 (La. Ct. App. 2002)   Cited 3 times

    Id. at 339. In State v. Heacox, 543 So.2d 101 (La.App. 3 Cir. 1989), this court reversed the defendant's conviction under La.R.S. 14:95.1, holding the evidence was insufficient to prove the defendant had a general intent to possess a firearm. We stated:

  3. State v. Neeley

    704 So. 2d 443 (La. Ct. App. 1997)   Cited 12 times

    However, when the perpetrator has not carried the firearm on his person, the state must show that the defendant's intent amounted to an intent to possess rather than a mere acquiescence to the fact that there was a firearm in his presence. State v. Woods, supra; State v. Heacox, 543 So.2d 101 (La.App. 3d Cir. 1989). At the time of this offense, the penalty possession of a firearm by a convicted felon was three to ten years at hard labor without benefit of parole, probation or suspension of sentence.

  4. State v. Johnson

    870 So. 2d 995 (La. 2004)   Cited 118 times
    Finding the evidence sufficient to support the defendant's conviction of possession of a firearm by a convicted felon although another passenger in the vehicle testified that the gun belonged to her

    When the defendant has not carried the firearm on his person, the State has the burden of proving the defendant's intent amounted to an intent to possess rather than a mere acquiescence that there was a firearm in his presence. State v. Heacox, 543 So.2d 101 (La.App. 3 Cir. 1989). In Heacox, the defendant argued the evidence was insufficient to support his conviction under LA. REV. STAT. ANN. § 14:95.1, because the gun was partially covered by a holster, and it was lying on the car seat between him and the driver/owner of the car.

  5. State v. Scott

    136 So. 3d 383 (La. Ct. App. 2014)   Cited 5 times

    Fisher, 94–2255, pp. 4–5, 669 So.2d 462–463. The Fisher court relied in part on State v. Heacox, 543 So.2d 101 (La.App. 3 Cir.1989), another opinion that decided that the evidence was insufficient to sustain the defendant's conviction for possession of a firearm by a convicted felon. In that matter, an undercover police officer sought to purchase marijuana from the defendant, who was a passenger in a truck driven by the owner.

  6. State v. Johnson

    839 So. 2d 1247 (La. Ct. App. 2003)   Cited 5 times
    Relying in part on a Louisiana statute that provides a special rule when circumstantial evidence must be relied upon to support a conviction

    However, when the perpetrator has not carried the firearm on his person, the state must show that the defendant's intent amounted to an intent to possess rather than a mere acquiescence to the fact that there was a firearm in his presence. State v. Woods, supra; State v. Heacox, 543 So.2d 101 (La.App. 3d Cir. 1989). * * *

  7. State v. Ussin

    10 So. 3d 848 (La. Ct. App. 2009)   Cited 6 times

    State v. LeBlanc, 01-1503 (La.App. 3 Cir. 6/5/02), 819 So.2d 424; State v. Fisher, 94-2255 (La.App. 1 Cir. 12/15/95), 669 So.2d 460; State v. Heacox, 543 So.2d 101 (La.App. 3 Cir. 1989), and State v. Evans, 29,675, 29,676 (La.App. 2 Cir. 9/24/97), 700 So.2d 1039. Error Patent

  8. State v. Vassar

    966 So. 2d 654 (La. Ct. App. 2007)   Cited 3 times
    In State v. Vassar, 07–171 (La.App. 5 Cir. 8/28/07), 966 So.2d 654, writ denied, 07–2132 (La.8/22/08), 988 So.2d 260, the defendant was convicted of possession of a firearm by a convicted felon after police found a shotgun on top of a dresser in the bedroom of his father's trailer.

    Id. at 462. Finally, in State v. Heacox, 543 So.2d 101 (La.App. 3 Cir. 1989), the court held there was no evidence that the defendant was aware of the gun, which was partially exposed on the seat of the vehicle between the defendant and the driver-owner of the vehicle. The gun belonged to the mother of the driver.

  9. State v. Joseph

    854 So. 2d 914 (La. Ct. App. 2003)   Cited 10 times

    4 Cir. 1987); State v. Trahan, 425 So.2d 1222 (La. 1983). State v. Heacox, 543 So.2d 101, 105-06 (La.App. 3 Cir. 1989). La.R.S. 14:95.1 requires only general criminal intent, which means that the circumstances indicate that the accused "in the ordinary course of human experience, must have adverted to the prescribed criminal consequences as reasonably certain to result from his act or failure to act."

  10. State v. Storks

    836 So. 2d 638 (La. Ct. App. 2002)   Cited 9 times
    In State v. Storks, 2002-754 (La.App. 5th Cir. 12/30/02), 836 So.2d 638, police officers conducted an investigatory stop of a vehicle in which the defendant was a passenger.

    Defendant claims that the State did not prove that he had possession or the requisite intent and cites one case that has held the evidence was insufficient to prove the defendant was a convicted felon in possession of a firearm. In State v. Heacox, 543 So.2d 101 (La.App. 3 Cir. 1989), writ denied, 99-0822 (La. 9/3/99), 747 So.2d 534, the Third Circuit held that the evidence was insufficient to find that a gun was subject to the defendant's dominion and control. In Heacox, a gun was partially covered by a holster and lying equidistant between defendant and the driver of the vehicle.