State of Louisiana v. Anthony St. Romain

CourtLouisiana Court of Appeal
DecidedMay 1, 2013
DocketKA-0012-1350
StatusUnknown

This text of State of Louisiana v. Anthony St. Romain (State of Louisiana v. Anthony St. Romain) 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 of Louisiana v. Anthony St. Romain, (La. Ct. App. 2013).

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

12-1350

STATE OF LOUISIANA

VERSUS

ANTHONY ST. ROMAIN

**********

APPEAL FROM THE TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO. 165,486-B HONORABLE WILLIAM BENNETT, DISTRICT JUDGE

JOHN E. CONERY JUDGE

Court composed of Sylvia R. Cooks, James T. Genovese, and John E. Conery, Judges.

AFFIRMED.

Charles A. Riddle, III District Attorney David Edwin Lafargue Assistant District Attorney 12th Judicial District Court Post Office Box 277 Marksville, Louisiana 71351 (318) 253-7521 COUNSEL FOR APPELLEE: State of Louisiana Annette Fuller Roach Louisiana Appellate Project Post Office Box 1747 Lake Charles, Louisiana 70602-1747 (337) 436-2900 COUNSEL FOR DEFENDANT/APPELLANT: Anthony St. Romain CONERY, Judge.

Defendant, Anthony St. Romain, was convicted of obstruction of justice, a

violation of La.R.S. 14:130.1, on July 10, 2012. The trial court suspended

imposition of his sentence pursuant to La.Code Crim.P. art. 893 and placed him on

supervised probation for one year.

Defendant has appealed his conviction only, asserting two assignments of

error:

I. The evidence introduced at the trial of this case, when viewed under the Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) standard, was insufficient to prove beyond a reasonable doubt that Anthony St. Romain was guilty of the crime of obstruction of justice.

II. Counsel representing Anthony St. Romain erred in failing to: 1) object when the State questioned witnesses about any statements made by Anthony St. Romain concerning the allegations in question or, 2) seek the suppression of the oral statements pre-trial. Appellant was prejudiced by the admission of the testimony concerning these alleged oral statements.

For the following reasons, we affirm the conviction.

FACTS

Defendant was employed as a police officer with the Cottonport Police

Department. On the evening of May 5, 2011, and morning of May 6, 2011, he was

the supervising officer on duty with two others, Officer Travis Goudeau, who had

not yet been P.O.S.T.-certified,1 and Officer Ronald Heath.2 Between 12:00 and

1:00 a.m., Officer Goudeau observed a vehicle run a stop sign, and he initiated a

traffic stop. Officer Goudeau testified that, as the vehicle was stopping, he 1 P.O.S.T. is the acronym for the Louisiana Peace Officer Standards and Training Council. 2 Officers Goudeau and Heath were no longer employed with the Cottonport Police Department at the time of trial.

3 observed an orange bottle being thrown out of the passenger-side window.3

Defendant and Officer Heath subsequently responded to the scene of the traffic

stop. After they arrived, Officer Goudeau picked up the bottle that had been

thrown from the vehicle. Officer Goudeau opened the bottle and found that it held

two cellophane bags, one containing three or four blue pills, and the other, a

substance that appeared to be crack cocaine. Officer Goudeau testified that

Defendant and Officer Heath saw the contents of the bottle.

Officer Goudeau testified that Defendant subsequently advised Officer

Heath to return to patrol. Defendant then stepped away to have a conversation

with the driver of the vehicle, Charles Hernandez, but Officer Goudeau could not

hear what was said. Officer Goudeau testified Defendant told him that Hernandez

could not be arrested because the drugs were not on him or in his vehicle.

However, the only occupant of the car was Hernandez, and Officer Goudeau

believed he had enough probable cause to make an arrest for illegal possession of a

controlled dangerous substance. Officer Goudeau testified that he put the bottle

and its contents in his patrol car, and he wrote Hernandez a citation for the traffic

violation. Officer Goudeau further testified that, later that night, Defendant “said

that he was going to come and get the possible narcotics and dispose of it. So later

on that night he did come get it out of my unit and . . . I don’t know what he did

with it.”

Officer Goudeau testified that once Defendant’s shift ended, he and Officer

Heath “figured something wasn’t right,” and they searched the police department,

3 Officer Goudeau testified that although his patrol car was equipped with recording equipment, it was out of order at the time of this traffic stop.

4 including trash cans and a dumpster, for the bottle. He and Officer Heath

completed a report that they both signed. The report read, in pertinent part:

I ORDERED THE DRIVER TO STEP OUT OF THE VEHICLE THEN I NOTICED SOMETHING ORANGE COLORED BEING THROWN OUT OF THE PASSENGER SIDE WINDOW. . . . OFFICER HEATH AND OFFICER ST. ROMAIN THEN ARRIVED ON THE SCENE TO ASSIST. I THEN OBSERVED WHAT WAS THROWN OUT OF THE PASSENGER WINDOW WHEN I FOUND AN ORANGE MEDICINE BOTTLE UNLABELED. . . . OFFICER ST. ROMAIN ADVISED ME NOT TO MAKE AN ARREST OR PURSUE ANY CHARGES BECAUSE THE POSSIBLE NARCOTICS WERE NOT FOUND ON THE SUSPECT OR IN HIS VEHICLE. . . . MEDICINE BOTTLE CONTAINING POSSIBLE NARCOTICS WAS SECURED AND PLACED INTO MY PATROL CAR. LATER THAT MORNING OFFICER ST. ROMAIN CAME TO MY PATROL CAR AND TOOK POSSESSION OF THE BOTTLE CONTAINING THE POSSIBLE NARCOTICS AND STATED HE WAS GOING TO DISPOSE OF IT.

Officer Goudeau gave the report to Assistant Chief Donald Scully. To Officer

Goudeau’s knowledge, the bottle and its contents were never found.

Officer Heath testified that, on the date in question, he and Defendant

assisted Officer Goudeau on a traffic stop. Officer Goudeau informed Officer

Heath that the suspect threw something out the window of the vehicle. Officer

Goudeau retrieved the object, which was a bottle that contained a bag of pills and a

bag of cocaine. Hernandez then asked to speak with Defendant, but Officer Heath

did not hear the conversation. Defendant subsequently told Officer Heath to return

to patrol. Officer Heath returned to patrol because he, Defendant, and Officer

Goudeau were the only officers working that night. Officer Heath testified that it

was not unusual for Defendant to speak to a suspect before an arrest.

Officer Heath testified that he saw the contents of the bottle and believed

them to be controlled dangerous substances. Additionally, Officer Heath felt there

was probable cause to arrest Hernandez.

5 Officer Heath testified that, at the police department later that night, he

heard Defendant talking to Officer Goudeau about disposing of something. Officer

Goudeau later told Officer Heath Defendant had taken the bottle from him. Officer

Heath testified that he and Officer Goudeau looked around for the bottle in the

dumpster and trash cans but did not find it. They then completed a report. Officer

Heath testified that because Defendant was a supervisor, it was appropriate for

Defendant to take the evidence from Officer Goudeau. Officer Heath agreed that

Officer Goudeau did not have a good reason to question Defendant’s authority to

take the bottle.

On May 6, 2011, Detective Chad Jeansonne of the Cottonport Police

Department was called by Assistant Chief Scully who asked him to look into the

traffic stop that had occurred the previous day. Detective Jeansonne testified that

the assistant chief told him that the bottle was allegedly in Defendant’s locker.

Detective Jeansonne obtained a search warrant for the locker, but he did not find

the bottle therein.

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Related

Jackson v. Virginia
443 U.S. 307 (Supreme Court, 1979)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
State v. Bienemy
483 So. 2d 1105 (Louisiana Court of Appeal, 1986)
State v. Stallworth
11 So. 3d 541 (Louisiana Court of Appeal, 2009)
State v. Richardson
425 So. 2d 1228 (Supreme Court of Louisiana, 1983)
State Ex Rel. Graffagnino v. King
436 So. 2d 559 (Supreme Court of Louisiana, 1983)
State v. Duncan
420 So. 2d 1105 (Supreme Court of Louisiana, 1982)
State v. Lambert
720 So. 2d 724 (Louisiana Court of Appeal, 1998)
State v. Moody
393 So. 2d 1212 (Supreme Court of Louisiana, 1981)
State v. Spears
929 So. 2d 1219 (Supreme Court of Louisiana, 2006)
State v. Brooks
505 So. 2d 714 (Supreme Court of Louisiana, 1987)
State v. MEGASON
47 So. 3d 31 (Louisiana Court of Appeal, 2010)
State v. Teno
101 So. 3d 1068 (Louisiana Court of Appeal, 2012)
State ex rel. A.B.
25 So. 3d 1012 (Louisiana Court of Appeal, 2009)
State of Louisiana v. Brennan Stallworth.
25 So. 3d 829 (Supreme Court of Louisiana, 2010)
State v. Allen
742 So. 2d 949 (Louisiana Court of Appeal, 1999)
Shadian v. North Orange County Municipal Court
484 U.S. 946 (Supreme Court, 1987)
Brooks v. Louisiana
484 U.S. 947 (Supreme Court, 1987)

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State of Louisiana v. Anthony St. Romain, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-louisiana-v-anthony-st-romain-lactapp-2013.