State v. Abram

465 So. 2d 800
CourtLouisiana Court of Appeal
DecidedFebruary 27, 1985
Docket16543-KA, 16544-KA
StatusPublished
Cited by11 cases

This text of 465 So. 2d 800 (State v. Abram) 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 v. Abram, 465 So. 2d 800 (La. Ct. App. 1985).

Opinion

465 So.2d 800 (1985)

STATE of Louisiana, Appellee,
v.
Thomas J. ABRAM, Appellant.

Nos. 16543-KA, 16544-KA.

Court of Appeal of Louisiana, Second Circuit.

February 27, 1985.
Rehearing Denied March 27, 1985.
Writ Denied May 31, 1985.

*802 Hunter & Scott by Louis G. Scott, Monroe, for appellant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Johnny Parkerson, Dist. Atty., Earl Cox, Asst. Dist. Atty., Monroe, for appellee.

Before HALL, MARVIN and JASPER E. JONES, JJ.

JASPER E. JONES, Judge.

In these consolidated cases the defendant, Thomas J. Abram, was found guilty in a bench trial of possession of pentazocine in violation of LSA-R.S. 40:967 (# 16,543-KA) and possession of marijuana with intent to distribute in violation of LSA-R.S. 40:966 (# 16,544-KA). He was sentenced to two years at hard labor on the conviction of possession of pentazocine and to eight years at hard labor on the conviction of possession of marijuana with the intent to distribute. The sentences were ordered to be served consecutive. He appeals his convictions and sentences relying on six assignments of error. We affirm.

Facts

At 10:48 p.m. on March 21, 1983 Detective Robbie Freeman of the Metro Narcotics Unit obtained a search warrant for a residence located at 1921 Samuel Drive in Monroe. The affidavit in support of the warrant is based on information Freeman obtained from a confidential informant. The informant told Freeman he had been inside the Samuel Drive residence within the past 24 hours and knew the residence to be that of a female known to him as Darlene and a male known to him as T.J. Abrams. The informant stated he had observed approximately one pound of marijuana in Abrams' possession and had purchased marijuana from Abrams.

The warrant was executed at approximately 11:15 p.m. the same evening. Upon entering the residence officers from the Metro Narcotics Unit arrested defendant and a female companion, Darlene Bolden. After reading defendant his Miranda rights the officers asked him if there was any marijuana in the residence. Defendant pointed to a wooden container on the coffee table in which a small quantity of marijuana was found. In a subsequent search of the residence the officers found a total of 14.7 ounces of marijuana and three Talwin tablets.[1] Other evidence seized in the search included a pistol containing nine live rounds, $260.00 in cash found on defendant's person, $40.00 in cash laying on the coffee table, a dog's medical records made out in defendant's name, a prescription pill bottle in defendant's name containing ampicillin, a set of weighing scales and assorted marijuana packaging supplies and smoking paraphenalia. After conducting the search the officers took Ms. Bolden from the apartment first. Before defendant was removed the officers obtained from him a key to the residence which was used to lock the door.

Ms. Bolden was not tried with the defendant.[2] At defendant's trial it was established the residence at 1921 Samuel Drive was rented in Ms. Bolden's name and that defendant, together with his wife, had a residence in a different section of Monroe. The defense raised by defendant is that he was a mere visitor to Ms. Bolden's residence and did not have dominion or control over the illicit substances found there.

Assignment No. 1

By this assignment defendant contends the trial court erred in not suppressing the dog's medical records seized from the Samuel Drive residence. He argues these records were illegally seized since they *803 have no relationship to any crime or criminal activity.

While in the course of executing a search warrant a peace officer may seize, in addition to the contraband or other evidence described in the warrant, things tending to prove the commission of any offense. LSA-C.Cr.P. art. 165; State v. Feeback, 414 So.2d 1229 (La.1982); See also LSA-C.Cr.P. art. 161.[3]

In light of the defense raised by defendant, we find no error in the trial court's refusal to suppress the dog's medical records. The records tend to show that defendant was more than a mere casual visitor to Ms. Bolden's residence. This record is relevent to the ultimate issue of fact of whether defendant had dominion and control over the contraband.

This assignment of error lacks merit.

Assignment No. 2

By this assignment defendant contends the trial court erred in denying his motion for a mistrial. Defense counsel moved for a mistrial when he learned that the police officers testifying for the state were refreshing their memories from the same police file. Each officer that testified apparently passed the file to another officer when he was excused from the stand. Defendant argues this conduct violated the sequestration order because it enabled officers testifying later in the trial to learn the testimony of those testifying earlier.

The sequestration order is authorized by LSA-C.Cr.P. art. 764 which provides:

Art. 764. Exclusion and conduct of witnesses
Upon its own motion the court may, and upon request of the state or the defendant the court shall, order that the witnesses be excluded from the courtroom or from where they can see or hear the proceedings and refrain from discussing the facts of the case or the testimony of any witness with anyone other than the district attorney or defense counsel. The court may modify its order in the interest of justice.

The conduct of which defendant complains does not violate the sequestration order. The officers were not discussing the facts of the case nor the testimony of any witnesses.

The testifying officers were authorized to use police reports and other documents contained in the file to refresh their memories on the witness stand, even if the documents used were compiled by another officer. LSA-R.S. 15:279;[4]State v. Barnes, 257 La. 1017, 245 So.2d 159 (1970); State v. Knapp, 378 So.2d 911 (La.1979).

This assignment of error has no merit.

Assignment No. 3

By this assignment defendant contends the trial court erred in accepting the state's witness, Linda Armstrong, as an expert in the detection and identification of pentazocine. Defendant argues that Ms. Armstrong's testimony indicates she has insufficient training in the detection of pentazocine and she had not previously identified the substance in court.

In State v. Lawson, 393 So.2d 1260 (La. 1981) the supreme court summarized the rules relative to the qualification of expert witnesses as follows:

The test of the competency of an expert is his knowledge of the subject about which he is called upon to express *804 an opinion, and before any witness can give evidence as an expert, his competency so to testify must have been established to the satisfaction of the court. La.-R.S. 15:466. We have consistently held that the competence of an expert witness is a question of fact to be determined within the sound discretion of the trial judge. His rulings on the qualifications of expert witnesses will not be disturbed in the absence of manifest error. State v. Drew, 360 So.2d 500 (La. 1978), cert. denied, 439 U.S. 1059, 99 S.Ct. 820, 59 L.Ed.2d 25 (1979); State v. Lewis, 353 So.2d 703 (La. 1977).

Ms. Armstrong has been employed as an evidence analyst at the North Delta Crime Lab for approximately ten years.

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Cite This Page — Counsel Stack

Bluebook (online)
465 So. 2d 800, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-abram-lactapp-1985.