State v. Ballansaw

769 So. 2d 656, 2000 La.App. 4 Cir. 0722, 2000 La. App. LEXIS 2524, 2000 WL 1486256
Louisiana Court of Appeal·Decided September 6, 2000·No. No. 2000-KA-0722·Published·Cited by 1 cases

Opinion

KIRBY, J.

The defendant, Neal Ballansaw, was charged by bill of information on July 31, 1998, with possession of cocaine with intent to distribute, a violation of La. R.S. 40:967.1 At his arraignment on August 7, 1998, he pleaded not guilty. The trial court found probable cause and denied the motion to suppress the evidence on October 22, 1998. After being advised of his right to a jury, the defendant elected a bench trial; on August 11, 1999, he was found guilty of possession of cocaine. Through counsel, Ballansaw waived all legal delays and was sentenced on that same day to serve five years at hard labor; his sentence was suspended, and he was placed on five years active probation with special conditions. The defendant’s motion to reconsider the sentence was denied, and his motion for an appeal was granted.

At trial Sergeant Patrick Brown testified that about 3:40 p.m. on July 27, 1998, he participated in a narcotics investigation near 2329 Soniat Street in which Ballan-saw and Ernest Turner were arrested. The sergeant was supervising a buy/bust operation in which an undercover agent buys contraband and immediately leaves an area; then a backup team moves in to arrest the dealer. Sergeant Brown photocopied the money given to the undercover [658] agent. When Ballansaw was | ¡¡arrested, he had two ten dollar bills which could be identified by serial numbers as those given to the undercover agent. Ballansaw was never seen by the sergeant talking with Turner or with the undercover agent because the sergeant was several blocks away. No drugs or drug paraphernalia were found on Ballansaw or in plain view of the officer when Ballansaw was arrested. After he was detained, a Polaroid photograph wás taken of Ballansaw, and the photo was shown to the undercover agent who recognized the man as the cocaine dealer.

Detective Adam Henry testified that he and his partner, Detective Michael Harrison, were wearing plain clothes and driving an unmarked car on Magnolia Street near Valence Street when they encountered Ernest Turner. The detective said he wanted to buy two dime pieces of crack cocaine, and Turner answered that he had nothing with him, but he offered to take the undercover agent to someone who had the drug. The officer refused to let Turner get in the car, and so Turner jogged the three and one-half blocks to 2329 Soni-at Street where he knocked on the door on the right side of the double. The agents followed in the car. Ballansaw answered the door and he and Turner walked down the side alley of the house. Turner returned to the car with the cocaine, and the detectives gave him twenty dollars. Turner asked for a tip, and Detective Harrison handed him two dollars. The car Detective Henry was driving was equipped with audio and video machines, and the entire episode was captured on tape. As the detectives left the scene, they radioed a description of Turner and Ballansaw to their backup team. The audio and video machines captured the officer’s descriptions. He said that Ballansaw was wearing a multicolored green and white shirt and black jeans, and that he had keys in his hand. On cross-examination, Detective Henry said that he did not see Turner and Ballansaw in a transaction, and he admitted that there was ¡^discrepancy between the police report which indicated that Turner and Ballansaw met in the rear of the building, while he remembered their meeting when Ballansaw answered the door.

The parties stipulated that the substance the detectives purchased was tested and proved to be crack cocaine.

Sergeant Reginald Jacque testified that he acted as surveillance and security cover for the undercover officers during the buy/ bust drug operation. He saw the undercover officers initially speak to Turner and then speak with him again on Soniat Street. Turner went to the door on the right side of the building and knocked. Ballansaw answered the door and spoke briefly with Turner. Ballansaw walked down a side alleyway, and both men disappeared on the left side of the house for a few minutes.

Neal Ballansaw testified that he has no prior convictions, that he was honorably discharged from the army, and that he was employed at a restaurant when he was arrested. On the day in question he was returning from the grocery store to an apartment on the right-hand side of the house on Soniat Street which his mother owned. Ballansaw does the maintenance work on the place. He noticed Turner and a tenant of another apartment in the house on the porch talking. Ballansaw went into an apartment, put food away, and exited. He walked up the driveway to the back apartment and went into the back of the house. The back unit is used for storage; he was there when he heard someone approaching the unit. He opened the door as the officers were about to knock. They pushed him against the wall and began searching the place. The officers asked that he unlock the garage area, which he did. He saw them put money that was “balled up” on top of a table. The officers frisked him again and took the sixty-seven dollars he was carrying. |4His money was “folded over,” not “balled up.” He was carrying a twenty, four tens, a five and two ones. He got the money from funds he [659] had recently received after his mother’s death. Ballansaw denied ever having a conversation with Turner or any of the police officers about drugs. He testified that he never had any drugs in his possession. On cross-examination, Ballansaw stated that the police officers put money on the table that was “folded over” not “crumpled up.” One of the officers “grabbed” the money from the table.

In a single assignment of error, the defendant now argues that the evidence is insufficient to support the conviction because there is no evidence to prove that Ballansaw ever possessed cocaine.

In State v. Ash, 97-2061, pp. 4-5 (La.App. 4 Cir. 2/10/99), 729 So.2d 664, 667-668, writ denied, 99-0721 (La.7/2/99) 747 So.2d 15, this court summarized the standard of review that applies when a defendant claims that the evidence produced to convict him was constitutionally insufficient:

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State v. Ballansaw, 769 So. 2d 656, 2000 La.App. 4 Cir. 0722, 2000 La. App. LEXIS 2524, 2000 WL 1486256 (La. Ct. App. 2000).

769 So. 2d 656 (State v. Ballansaw) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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