# State v. Harris

> Louisiana Court of Appeal · September 23, 2009 · 22 So. 3d 232

URL: https://www.frixlaw.com/law-library/cases/9652009

## Case

- **Full name:** STATE of Louisiana, Appellee v. Charles HARRIS, Appellant
- **Court:** Louisiana Court of Appeal
- **Decided:** September 23, 2009
- **Citations:** 22 So. 3d 232; 2009 La. App. LEXIS 1639; 2009 WL 3018646
- **Precedential status:** Published
- **Opinion:** Concurrence by Drew
- **Judges:** Brown, Stewart, Drew, Moore, Lolley
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9652009

## Opinion text

DREW, J.,
concurring.
|,I write to concur with the result reached by the majority opinion, further writing here to note that since the jury apparently found the defendant an untruthful witness, and since the jury rejected defendant’s claim of self-defense and other outlandish testimony, and since the jury found that defendant shot the victim in the back at close range with a sawed-off shotgun, while lacking lawful provocation, then there is no realistic chance that the confusing “intent” arguments and instructions made any difference whatsoever in the guilty verdict. Any reasonable juror would conclude that the defendant had the specific intent to kill when he pulled the trigger of the shotgun at close range and said: “You’re going to die.” In other words, the verdict was surely unattributable to any trial error.
APPLICATION FOR REHEARING
Before BROWN, STEWART, DREW, MOORE and LOLLEY, JJ.
| Rehearing denied.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9652009. Public record. Not legal advice.