State v. Ash

729 So. 2d 664, 1999 WL 74638
CourtLouisiana Court of Appeal
DecidedFebruary 10, 1999
Docket97-KA-2061
StatusPublished
Cited by70 cases

This text of 729 So. 2d 664 (State v. Ash) 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. Ash, 729 So. 2d 664, 1999 WL 74638 (La. Ct. App. 1999).

Opinion

729 So.2d 664 (1999)

STATE of Louisiana
v.
Tyron B. ASH

No. 97-KA-2061.

Court of Appeal of Louisiana, Fourth Circuit.

February 10, 1999.

*666 Harry Connick, District Attorney, Richard R. Pickens II, Assistant District Attorney, New Orleans, Louisiana, for State.

Christopher A. Aberle, Louisiana Appellate Project, Mandeville, Louisiana, for the defendant.

Court composed of Judge WILLIAM H. BYRNES, III, Judge JOAN BERNARD ARMSTRONG, and Judge DENNIS R. BAGNERIS, Sr.

BYRNES, Judge.

Tyron B. Ash appeals his conviction for possession of cocaine with intent to distribute, for which he was sentenced to life imprisonment without benefit of probation, parole or suspension of sentence as a quadruple offender. We affirm.

STATEMENT OF THE CASE

On May 30, 1996, defendant, Tyron B. Ash, was charged by bill of information with possession of cocaine with the intent to distribute in violation of La.R.S. 40:967. After a preliminary and suppression hearing on July 10, 1996, the trial court found probable cause and denied defendant's motion to suppress evidence. At trial on October 10, 1996, the jury found Ash guilty as charged. The trial court denied Ash's motions for new trial and post verdict judgment of acquittal on February 14, 1997. At a multiple offender hearing on February 27, 1997, the trial court found that the defendant was a fourth felony offender. The defendant waived all legal delays and was sentenced to life imprisonment at hard labor without benefit of probation, parole or suspension of sentence. On March 3, 1997, the trial court denied Ash's motion for reconsideration of sentence. Ash's appeal followed.

STATEMENT OF FACTS

On April 23, 1996, New Orleans Police officers Bryan Lampard and Jake Schnapp were on proactive patrol around the intersection of Josephine and LaSalle Streets. As the officers proceeded in an uptown direction on LaSalle towards Jackson Avenue, they observed Ash and an unknown female engaged in a conversation. When the officers approached the middle of the block, they noticed that Ash had his right hand extended. The female was looking down at his hand. Ash looked up, saw the approaching police vehicle, quickly closed his hand, and started walking in a lake bound direction on Josephine Street. The officers followed Ash and turned onto Josephine Street. The officers observed Ash sitting in front of 2415 Josephine Street next to a man later identified as Kenneth Williams. When the officers stopped the police vehicle, Ash started running in a river bound direction on Josephine Street. Ash turned in a downtown direction when he got to the intersection of Josephine Street and LaSalle Street. The officers broadcast the defendant's description and location.

Officer Lampard pursued Ash on foot as he ran down LaSalle Street towards St. Andrew Street. As he reached St. Andrew Street, Ash entered a vacant lot. When Ash reached a tree stump in the lot, he took two objects from his waistband and discarded them. Ash lost his footing and fell face down in the lot. Officer Lampard apprehended Ash, handcuffed him, and patted him for weapons. The officer found no weapons on Ash. After Officer Schnapp arrived, Lampard turned Ash over to Schnapp. Lampard then walked back to the two objects that the officer had seen Ash discard. The officer found two plastic ziploc-type bags on top of a piece of plywood. One of the bags contained eight pieces of crack cocaine. The other bag contained thirteen pieces of crack cocaine and eighteen smaller bags of cocaine powder. Ash subsequently was arrested and advised of his rights. Thirty-six dollars were found on Ash during a search incident to the arrest. It was stipulated at trial that the substances found in the plastic bags tested positive for cocaine.

Kenneth Williams testified that when Ash came to sit by him, Ash did not have any drugs. Ash had a beer in a paper bag. Williams stated that when Ash started running *667 from the police, Ash threw the beer away.

Stacey Anderson stated that on the day of the incident she was visiting a friend who lived on LaSalle Street. She saw Ash running from the police, and Ash did not throw anything down.

The defendant's mother, Ernestine Ash, testified that the defendant had been working continually since he was released from prison three years ago. Angela Allen, the defendant's girlfriend, stated that the defendant had been working to support their family. On the day of the incident, she and Ash had a fight about an ex-boyfriend, and she threatened to call the police. Terry Ratcliff and Martie Allen, the defendant's in-laws, testified that Terry took Ash to work every day at Avondale Shipyards.

On the day of the incident, Kayonna Holloway was speaking with Ash before the police arrived. Ash did not extend his hand to her or give her anything. Ash told her about the fight he had with his girlfriend. Ms. Holloway stated she saw Ash run from the police and fall in the lot. She testified that Ash did not drop anything before he fell.

Maurice Perkins testified that he was in the area when Ash got arrested. Mr. Perkins stated that he was well acquainted with the area, including the vacant lot. He stated that there was a lot of junk in the lot, but no plywood. However, he admitted that he really did not check the lot for plywood. The witness also acknowledged that he had a prior narcotics conviction and had been arrested at the intersection of Josephine and LaSalle.

The defendant, Tyron Ash, testified that earlier in the day on April 23, 1996, he and his girlfriend had a fight. When he struck her, she threatened to call the police. Ash then left the house. While Ash was talking to Kayonna Holloway at the intersection of Josephine and LaSalle, he saw a police car drive into the area. Ash told Kayonna about the fight with his girlfriend. Ash then left the area and went to sit by Kenneth Williams. When the police followed him, he ran because he thought his girlfriend had called the police. Ash denied having any drugs on him. He further stated he did not throw anything down. He had been working at Avondale Shipyards and at an uniform store since he was released from jail. Ash admitted that he had three prior convictions for possession of cocaine.

Errors Patent

A review of the record for errors patent reveals none.

Assignment of Error No. 1

Ash contends that the evidence produced by the state was insufficient to sustain his conviction for possession of cocaine with the intent to distribute. Ash argues there was no evidence presented to prove an intent to distribute cocaine.

In evaluating whether evidence is constitutionally sufficient to support a conviction, an appellate court must determine whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). 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,

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Cite This Page — Counsel Stack

Bluebook (online)
729 So. 2d 664, 1999 WL 74638, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ash-lactapp-1999.