State v. Anderson

697 So. 2d 651, 1997 WL 333808
Louisiana Court of Appeal·Decided June 18, 1997·No. 29282-KA·Published·Cited by 31 cases

Opinion

697 So.2d 651 (1997)

STATE of Louisiana, Appellee,
v.
Roddie ANDERSON, Appellant.

No. 29282-KA.

Court of Appeal of Louisiana, Second Circuit.

June 18, 1997.

*653 Louisiana Appellate Project by Wilson Rambo, for Appellant.

Richard P. Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Charles Brumfield, Assistant District Attorney, for Appellee.

Before MARVIN, C.J., and NORRIS and WILLIAMS, JJ.

*654 WILLIAMS, Judge.

The defendant, Rodney a.k.a. Roddie Anderson, was indicted by a Morehouse Parish grand jury for the offense of distribution of cocaine, a violation of LSA-R.S. 40:967. After a jury trial, the defendant was found guilty as charged. The trial court sentenced the defendant to serve thirty years imprisonment at hard labor. The defendant appeals his conviction and sentence. For the following reasons, we affirm.

FACTS

On January 6, 1994, Cleophas May, a Richland Parish Sheriff's deputy, assisted the Bastrop Police Department in an undercover narcotics investigation. The deputy had been issued money with which to buy suspected drugs, a two-way radio, and a transmitter which allowed Bastrop police officers to monitor his activities. At approximately 8:07 p.m., he parked his vehicle at the Lady Club in Bastrop, Louisiana. The deputy gave a hand signal and an individual approached his vehicle. The deputy stated that he "wanted a twenty," and the individual walked away briefly and returned. He handed the deputy a substance which appeared to be a rock of crack cocaine. The deputy paid the individual twenty dollars. Laboratory testing later confirmed that the substance was cocaine.

Bastrop Police Sergeant Gary Freeman overheard the transaction between the defendant and the undercover deputy through the transmitter. Both Sergeant Freeman and another Bastrop police officer testified that on the night of the alleged crime, Deputy May had identified the defendant as the individual who had sold him cocaine. The defendant was arrested approximately one month later.

Defendant was indicted for distribution of cocaine. After a jury trial, the defendant was convicted as charged. Prior to sentencing, defendant filed a motion for new trial and a "Motion for Verdict of Acquittal or Reversal," which were denied. The trial court sentenced defendant to serve thirty years at hard labor with credit for time served. At defendant's request, his court-appointed attorney was relieved as counsel of record. Defendant informed the trial court that he intended to represent himself in the appeal of his conviction and sentence. This court refused defendant's request for supervisory review of the trial court's denial of his motions. However, with regard to the dismissal of defendant's attorney, this court directed the trial court to determine whether defense counsel was properly dismissed. State v. Anderson, 29,048-KH (La.App.2d Cir. 7/11/96).

After a hearing, the trial court found that defendant lacked sufficient understanding of the applicable procedural and substantive law to knowingly and intelligently waive his right to counsel on appeal. The trial court appointed the Louisiana Appellate Project to represent the defendant on appeal. Defendant appeals his conviction and sentence.

DISCUSSION

Sufficiency of the Evidence

In two assignments of error, the defendant argues that the evidence produced at trial was insufficient to support his conviction and that the trial court erred in denying his motion for acquittal. Defendant contends the state failed to prove his identity as the individual who sold cocaine to the undercover officer.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard of appellate review for a sufficiency of the evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. State v. Taylor, 28,736 (La. App.2d Cir. 10/30/96), 682 So.2d 827.

The due process standard of review enunciated in Jackson v. Virginia, supra, does not provide a vehicle for an appellate court to substitute its appreciation of the evidence for that of the factfinder. State v. Robertson, 96-1048 (La.10/4/96), 680 So.2d 1165. It is not the function of an appellate court to assess credibility or reweigh the evidence. State v. Smith, 94-3116 (La.10/16/95), 661 So.2d 442. In the absence *655 of internal contradiction or irreconcilable conflict with physical evidence, one witness' testimony, if believed by the trier of fact, is sufficient support for a requisite factual finding. State v. Ford, 28,724 (La.App.2d Cir. 10/30/96), 682 So.2d 847.

Pursuant to LSA-R.S. 40:967, it is unlawful for any person to knowingly or intentionally distribute a Schedule II controlled dangerous substance, which includes cocaine. See LSA-R.S. 40:964. A defendant is guilty of distribution of cocaine when he transfers possession or control of cocaine to his intended recipients. State v. Cummings, 95-1377 (La.2/28/96), 668 So.2d 1132; see LSA-R.S. 40:961(14). The state must show (1) "delivery" or "physical transfer;" (2) guilty knowledge of the controlled dangerous substance at the time of transfer; and (3) the exact identity of the controlled dangerous substance. State v. Miller, 587 So.2d 125, 127 (La.App. 2d Cir.1991).

Citing State v. Chism, 591 So.2d 383 (La.App. 2d Cir.1991), the defendant argues that under the due process standard of Jackson v. Virginia, the state must negate any reasonable possibility of misidentification in order to meet its burden of proof. However, this court recently stated that where a defendant asserts that he was not the perpetrator or remains silent, the state bears the burden of negating any reasonable probability of misidentification. State v. Powell, 27,959 (La.App.2d Cir. 4/12/96), 677 So.2d 1008.

In the present case, Deputy May identified the defendant in court as the individual who had sold him cocaine. Although nearly two years had passed since the incident, the deputy testified that he had "no doubt" about the identity of the individual from whom he had purchased the cocaine. He stated that after the drug transaction, he had viewed a photographic line-up, which helped him to remember the defendant's face. The deputy testified that the defendant stood out in his mind because he was neatly dressed in green jeans with a matching "Indian print" green shirt, and a green cap. When confronted with a contradictory statement about the color of defendant's clothing in his report on the incident, the deputy admitted he was confused. He stated that the report correctly noted that defendant had worn purple clothes.

In addition, the deputy used the wrong name several times in referring to defendant as "Rodney Alexander." He corrected himself on cross-examination, stating that he had correctly used the name "Anderson" in his written report, and that although defendant's actual name was "Rodney," he was called "Roddie."

Sandra Morgan, the defendant's girlfriend, testified that on the evening of January 6, 1994, the defendant was shopping with her at a grocery store from approximately 6:00 p.m. to 8:30 p.m., and that they later went to a fast food restaurant. Morgan stated that she could remember her activities on that date because her young nephew had entered the hospital two days earlier.

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State v. Anderson, 697 So. 2d 651, 1997 WL 333808 (La. Ct. App. 1997).

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