State v. Beason

204 So. 3d 1206, 16 La.App. 5 Cir. 195, 2016 La. App. LEXIS 2486
CourtLouisiana Court of Appeal
DecidedDecember 7, 2016
DocketNO. 16-KA-195
StatusPublished
Cited by4 cases

This text of 204 So. 3d 1206 (State v. Beason) 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. Beason, 204 So. 3d 1206, 16 La.App. 5 Cir. 195, 2016 La. App. LEXIS 2486 (La. Ct. App. 2016).

Opinion

CHEHARDY, C.J.

11 Defendant, Johnny Beason, appeals his convictions and sentences for distribution of cocaine within two thousand feet of a drug free zone. For the reasons that follow, we vacate defendant’s convictions and sentences, render a judgmént of conviction on the lesser included responsive offense of distribution of cocaine, and remand for resentencing.

PROCEDURAL HISTORY

On April 17, 2015, the Jefferson Parish District Attorney filed a bill of information charging defendant with two counts of distribution of cocaine within two thousand feet of a drug free zone, namely, Jesse Owens Playground, violations of La. R.S. 40:967 and La. R.S. 40:981.3. Defendant pled not guilty and proceeded to trial on September 8, 2015. The next day, a unanimous twelve-person jury returned a verdict of guilty as charged on both counts.

On September 11, 2015, the State filed a multiple offender bill of information alleging defendant was a second felony offender. Defendant denied the allegations in the multiple bill, but an adjudication hearing was never held. On September 14, 2015, the district court sentenced defendant on each count to forty-five years imprisonment at hard labor, the first two years to be served without the benefit of probation, parole, or suspension of sentence. On September 21, 2015, defendant filed a motion for reconsideration of sentence, which the record indicates the court did not rule on.1 Defendant also filed on this dáte a motion to appeal his convictions and sentences, which the court granted the next day.

Several months later, on February 29, 2016, the State filed a second multiple offender bill of information, again alleging defendant was a second felony offender. Following a hearing on this bill on March 17, 2016, the court adjudicated defendant a second felony offender, vacated his sentence on count one, |aand imposed an enhanced sentence of sixty years imprisonment at hard labor without benefit of probation or suspension of sentence, to be served concurrently with his sentence on count two. The court also granted that day defense counsel’s oral motion to appeal this enhanced sentence. On March 28, 2016, defendant filed a motion for reconsideration of sentence, which the court denied on April 28, 2016. The instant appeal followed.

FACTS

In October 2014, Detective Ronald Cal-cagno and Detective Ryan Rivette of the Jefferson Parish Sheriffs Office were- investigating drug trafficking at a home located at 429 Upland Avenue in River Ridge, an area reputed for crime and drug [1209]*1209activity. 429 Upland is “right across the street from” Jesse Owens Playground. Detective Calcagno estimated it was “maybe like one thousand feet” from the playground, while Detective Rivette estimated it was “less than three hundred feet” from the playground.

The detectives’ investigation led to a controlled buy with an undercover officer at that location. On October 3, 2014, Justine Campora, the undercover officer, arrived to 429 Upland expecting to meet one person, but another person by the name of “D’Vo” arrived instead. In exchange for $60.00, D’Vo gave Officer Campora a quantity of crack cocaine. On October 6, 2014, Officer Campora returned to 429 Upland, where she again purchased sixty dollars-worth of crack cocaine from D’Vo. Officer Campora approximated that the two buys had occurred “about a half-a-block” from the playground. Video and audio recordings of both buys were introduced into evidence at trial and played for the jury.

Michael' Cole and Pamela Williams Cyperian, forensic drug analysts with the JPSÓ Crime Lab, confirmed that the substances Officer Campora purchased from D’Vo on October 3 and 6, 2014 tested positive for cocaine.

| ¡Detective Rivette, through questioning another individual who resided in the neighborhood, learned that “D’Vo” was a nickname for defendant, Johnny Beason. Detective Calcagno confirmed this when a check of defendant’s name revealed “D’Vo” as an alias.

After reviewing the video footage of the two buys and obtaining the suspect’s name, Detective Calcagno compiled a six-person photo lineup that included defendant. He presented this lineup to Officer Campora on October 13, 2014, who identified defendant as the person from whom she purchased crack cocaine on October 3 and 6, 2014 at 429 Upland Avenue. Officer Campora further identified defendant in open court.

DISCUSSION

On appeal, defendant raises two assignments of error: (1) the evidence was insufficient to support his convictions; and (2) his sentence is unconstitutionally excessive. . .

In support of his first assignment of error, defendant argues that the evidence was insufficient to support his convictions because the State failed to prove that Jesse Owens Playground is a drug free zone under La. R.S. 40:981.3.

In reviewing the sufficiency of the evidence, an appellate court must determine that the evidence, whether direct or circumstantial, or a mixture of both, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime have been proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Neal, 00-0674 (La. 6/29/01), 796 So.2d 649, 657, cert. denied, 635 U.S. 940, 122 S.Ct. 1323, 152 L.Ed.2d 231 (2002); State v. Michel, 09-0953 (La.App. 5 Cir. 5/11/10), 41 So.3d 532, 534, writ denied, 10-1357 (La. 1/7/11), 52 So.3d 885.

[/The directive that the evidence be viewed in the light most favorable to the prosecution requires the reviewing court to defer to the actual trier of fact’s rational credibility calls, evidence weighing, and inference drawing. State v. Caffrey, 08-0717 (La.App. 5 Cir. 5/12/09), 15 So.3d 198, 202, writ denied, 09-1305 (La. 2/5/10), 27 So.3d 297. This deference to the fact finder does not permit a reviewing court to decide whether it believes a witness or whether the conviction is contrary to the weight of the evidence. Id. As a [1210]*1210result, under the Jackson standard, a review of the record for sufficiency of the evidence does not require the reviewing court to determine whether the evidence at the trial established guilt beyond a reasonable doubt, but whether, upon review of the whole record, any rational trier of fact would have found guilt beyond a reasonable doubt. State v. Jones, 08-0020 (La. App. 5 Cir. 4/15/08), 985 So.2d 234, 240.

In making this determination, a reviewing court will not re-evaluate the credibility of witnesses or re-weigh the evidence. Caffrey, supra. Indeed, the resolution of conflicting testimony rests solely with the trier of fact, who may accept or reject, in whole or in part, the testimony of any witness. See State v. Bailey, 04-0085 (La.App. 5 Cir. 5/26/04), 875 So.2d 949, 955, writ denied, 04-1605 (La. 11/15/04), 887 So.2d 476, cert. denied, 546 U.S. 981, 126 S.Ct. 554, 163 L.Ed.2d 468 (2005). Thus, in the absence of internal contradiction or irreconcilable conflicts with physical evidence, the testimony of one witness, if believed by the trier of fact, is sufficient to support a conviction. State v. Dixon, 07-0915 (La.App. 5 Cir. 3/11/08), 982 So.2d 146, 153, writ denied, 08-0987 (La. 1/30/09), 999 So.2d 745.

Defendant was charged with, convicted

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana Versus Kevin Johnson
Louisiana Court of Appeal, 2023
State of Louisiana Versus Derrick A. Ford, Jr.
Louisiana Court of Appeal, 2019
State v. Ford
275 So. 3d 404 (Louisiana Court of Appeal, 2019)

Cite This Page — Counsel Stack

Bluebook (online)
204 So. 3d 1206, 16 La.App. 5 Cir. 195, 2016 La. App. LEXIS 2486, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beason-lactapp-2016.