State ex rel. T.E.

787 So. 2d 414, 2000 La.App. 4 Cir. 1810, 2001 La. App. LEXIS 1190, 2001 WL 540581
CourtLouisiana Court of Appeal
DecidedApril 11, 2001
DocketNo. 2000-CA-1810
StatusPublished
Cited by37 cases

This text of 787 So. 2d 414 (State ex rel. T.E.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. T.E., 787 So. 2d 414, 2000 La.App. 4 Cir. 1810, 2001 La. App. LEXIS 1190, 2001 WL 540581 (La. Ct. App. 2001).

Opinion

h McKAY, Judge.

The defendant, T.E., a juvenile, appeals his conviction for simple possession of heroin, for which he received a five year sentence with the Department of Corrections. We affirm.

T.E., was arrested on May 1, 2000, at 2825 Magnolia Street and charged with possession with intent to distribute heroin, pursuant to La. R.S. 40:966(A)(1). On June 13, 2000, after a trial on the merits the defendant was found guilty of simple possession of heroin pursuant to La. R.S. 40:966(C). After being declared delinquent by the trial court the defendant was sentenced to five years with the Louisiana Department of Corrections, with a one-year review.

On May 1, 2000, at approximately 8:30 A.M., Detectives Ferrier and Veit who were assigned to the sixth district, along with Agent Michael Eberhardt of the ATF were on a surveillance of the Magnolia Housing Project. The target was 2825 Magnolia Street as a response to numerous complaints.

[416]*416Detective Veit, the arresting officer was called to testify first. He testified that the observing officer, Detective Ferrier, advised that he and Agent Eberhardt | ^should relocate to the rear of 2825 Magnolia, where he observed three subjects. Agent Eberhardt gave chase to the two fleeing suspects and Detective Veit detained the defendant, who fit Detective Ferrier’s description. Detective Veit also testified that Detective Ferrier had directed him “to bag which he observed that could possibly — to thing he observed”. Detective Veit then testified that as an incident to the arrest he seized money from the defendant and that the plastic bag he seized, which contained numerous pieces of foil, was recovered from the front step which was about 30 feet from where the arrest took place.

Detective Ferrier was then called to the stand and testified that during the surveillance he observed through binoculars the defendant riding a bike, which he gave to another unknown black male. He then observed the defendant remove a plastic bag containing foil packets from his front pocket and placed the bag on the front step of the stairwell at 2825 Magnolia where he waited. Approximately fifteen minutes later, he observed, through binoculars, two unknown black males approach the defendant. They had a conversation with the defendant and produced what appeared to be currency. The defendant accepted the currency, and picked up the plastic bag from the step and removed objects. After he removed the objects he placed the plastic bag back on the front step. He then handed one of the black males a small object, completing what appeared to be a drug transaction. At that time Detective Ferrier called for backup from Detective Veit and Agent Eberhardt. The two black males began running and were pursued by Agent Eberhardt. Detective Veit stopped the defendant in front of 2825 Magnolia Street. At the Indirection of Detective Ferrier, Detective Veit recovered one hundred dollars from the defendant’s person, pursuant to an arrest search and retrieved a plastic bag containing several foil objects from the step near the defendant.1 Detective Ferrier testified at trial that at all times during the surveillance he kept his eyes on the defendant and the plastic bag and that nobody went near the bag.

At trial, Detective Veit, the arresting officer, testified prior to Detective Ferrier, the observing officer, and was recalled for the purpose of properly identifying the evidence before the trial court. The defendant objected as to the scope of the redirect of Detective Veit. In response to this objection the trial court limited the scope of the redirect to the identification of the plastic packet with foil objects but would not allow the detective to be reexamined on the currency recovered from the defendant. Officer Veit identified the plastic package as the one recovered from the scene as State exhibit 1-B. The defendant objected to the introduction of the packet maintaining that there was no nexus or connection of the object to defendant. The basis of the objection was that it was Detective Ferrier who observed the plastic bag being placed on the step and Detective Veit who retrieved the plastic bag at the direction of Detective Ferrier. Furthermore, Detective Ferrier on direct examination could not positively identify the bag offered into evidence as State exhibit 1-B, to be the same bag he observed the defendant placing on the step. The defendant alleges that the state failed to make Rthe connection of the plastic bag to the defen[417]*417dant and therefore failed to prove an essential element of possession and additionally an element of admissibility.

The State rested and the defendant offered no witnesses. The trial court entered into evidence the plastic bag with the foil packets marked as State exhibit 1-B. The defendant objected that the evidence was admitted after the state had rested its case. The defendant then moved for a directed verdict, which was denied. The trial court found the defendant guilty of simple possession of heroin and ordered a PDI. After a sentencing hearing the trial court sentenced the defendant to serve five years with the Louisiana Department of Corrections, one-year review and waived all costs.

The defendant argues that there was insufficient evidence to sustain a conviction for possession of heroin based on the State’s failure to prove beyond a reasonable doubt the connection between the narcotic and the defendant.

On appeal the standard of review for the sufficiency of the evidence, enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), i.e., whether, viewing the evidence in the light most favorable to the prosecution, a rational trier of fact could have found that the State proved the essential elements of the crime beyond a reasonable doubt, is applicable to juvenile delinquency cases. State v. D.L., 29,789 (La.App. 2 Cir. 6/18/97), 697 So.2d 706; State in the Interest of H.L.F., 97-2651 (La.App. 4 Cir. 5/20/98), 713 So.2d 810. The reviewing court is to consider the record as a whole and not just the evidence most favorable to the prosecution; and, if rational triers of fact could disagree as to the interpretation of the evidence, the rational decision to convict should be upheld. | State v. Mussall, 523 So.2d 1305 (La.1988). Additionally, the reviewing court is not called upon to decide whether it believes the witnesses or whether the conviction is contrary to the weight of the evidence. Id. The trier of fact’s determination of credibility is not to be disturbed on appeal absent an abuse of discretion. State v. Cashen, 544 So.2d 1268 (La.App. 4th Cir.1989). When circumstantial evidence forms the basis of the conviction, such evidence must consist of proof of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience. State v. Shapiro, 431 So.2d 372 (La.1982). The elements must be proved such that every reasonable hypothesis of innocence is excluded. La. R.S. 15:438. This is not a separate test from Jackson v. Virginia, supra, but rather is an evidentiary guideline to facilitate appellate review of whether a rational juror could have found a defendant guilty beyond a reasonable doubt. State v. Wright, 445 So.2d 1198 (La.1984). All evidence, direct and circumstantial, must meet the Jackson reasonable doubt standard. State v. Jacobs, 504 So.2d 817 (La.1987).

To support a conviction for possession of

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Bluebook (online)
787 So. 2d 414, 2000 La.App. 4 Cir. 1810, 2001 La. App. LEXIS 1190, 2001 WL 540581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-te-lactapp-2001.