State v. Belino

686 So. 2d 101, 1996 WL 732372
CourtLouisiana Court of Appeal
DecidedDecember 20, 1996
Docket96 KA 0789
StatusPublished
Cited by8 cases

This text of 686 So. 2d 101 (State v. Belino) 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. Belino, 686 So. 2d 101, 1996 WL 732372 (La. Ct. App. 1996).

Opinion

686 So.2d 101 (1996)

STATE of Louisiana
v.
Patrick F. BELINO.

No. 96 KA 0789.

Court of Appeal of Louisiana, First Circuit.

December 20, 1996.

*102 Scott C. Gardner, Covington, and William R. Campbell, Jr., New Orleans, for State of Louisiana.

Herbert R. Alexander Mandeville, for Defendant-Appellant.

Before SHORTESS, LeBLANC and TANNER, JJ.[1]

SHORTESS, Judge.

Patrick F. Belino (defendant) was charged by bill of information with possession of 400 or more grams of cocaine with intent to distribute, La. R.S. 40:967(A)(1) and 40:967(F)(c), and conspiracy to possess cocaine with intent to distribute, La. R.S. 14:26 and 40:967(A)(1).[2] He was billed jointly with three alleged coconspirators, and they were tried together. He was convicted on both counts, as were his codefendants. The trial court sentenced defendant to serve fifteen years for possession, with credit for time served,[3] and ten years for conspiracy, with *103 the ten-year sentence to be served concurrently with the fifteen-year sentence. Defendant's motions for new trial and postverdict judgment of acquittal were denied. He appeals, raising as the sole issue that the evidence was insufficient to support the convictions.

UNDISPUTED FACTS

The following facts are undisputed. Andrew Chambers is a confidential informant or cooperating individual who has assisted the federal Drug Enforcement Administration (DEA) and state law enforcement agencies for the past eleven years by posing as a drug dealer. In March 1994 Chambers went to Gulfport, Mississippi, to visit a young woman. While there, he met Ricky K. Bane. Three days later Chambers returned to the woman's house, but she was not home. He visited with Bane, and the conversation turned to selling drugs. Chambers offered to pay Bane if he could find individuals to buy at least a half kilogram of cocaine. Eventually Bane introduced Chambers to two of his friends, Tracy Stubbs and Steven Dunn. Stubbs and Dunn agreed to buy one-half kilogram of cocaine from Chambers for $10,000.00. Chambers got in touch with his contacts at the DEA, and Lieutenant Timothy A. Lentz, commander of the narcotics division of the St. Tammany Parish Sheriff's Office (STPSO), provided a kilogram of cocaine from the STPSO evidence room.

A few days later, on March 14, 1994, Bane, Stubbs, and Dunn rode from Gulfport to Slidell, Louisiana, in a small Toyota automobile driven by defendant. Stubbs was in the front passenger seat. They stopped in front of a motel, and Bane and Dunn got out of the back seat. They met Chambers and went to a motel room, where an undercover DEA task force agent, Tim Magruder, posing as a drug dealer, waited.

Meanwhile, defendant and Stubbs drove to the rear of the motel and backed into a parking space. They got out of the car, walked toward the motel, and then returned to their seats in the car.

In the motel room, Chambers produced the cocaine, which Dunn tested. Chambers and Bane then walked from the motel toward the car in the parking lot. Stubbs got out and met them in front of the car. They talked, then walked to the passenger side. Stubbs got $5,000.00 from the glove compartment, hid it in his pants, and returned to the motel room with Chambers. Bane took Stubbs's place in the passenger seat of the car. Except for his brief walk with Stubbs toward the motel immediately after they parked, defendant stayed in the driver's seat of the car during the entire incident.

In the motel room, Stubbs reluctantly tested the cocaine and produced the money from his pants. Dunn took $5,000.00 from his tennis shoes and gave it to Chambers. While they were counting the money, agents burst into the room and arrested Stubbs and Dunn. Other agents arrested Bane and defendant as they sat in the car. Two guns were found in the car.

LAW

Defendant was charged both as a principal and as a coconspirator to possession of four hundred grams or more of cocaine with intent to distribute. The parties stipulated the substance involved in this transaction was cocaine, and the quantity is not disputed in this appeal. The remaining elements of the possession charge are that defendant knowing or intentionally possessed the drug and specifically intended to distribute it. La. R.S. 40:967(A).

An individual is a principal to a crime if he is "concerned in the commission of a crime." He need not be present when the crime is committed and need not commit the act directly. He is a principal if he aids and abets in the commission of the crime or directly or indirectly counsels or procures another to commit the crime. La. R.S. 14:24. However, only those persons who knowingly participate in the planning or execution of a crime are principals; a defendant may be convicted as a principal only for those crimes for which he personally had the requisite *104 mental state. State v. Pierre, 93-0893, p. 4 (La.2/3/94), 631 So.2d 427, 428.

An individual is a criminal conspirator if he makes an agreement with one or more persons for the specific purpose of committing any crime and at least one of the parties does an act in furtherance of the object of the agreement. La. R.S. 14:26(A). The elements of conspiracy may be proven by direct or circumstantial evidence. State v. Daniels, 607 So.2d 620, 623 (La.App. 2d Cir. 1992). Where the parties to a drug transaction act in a manner consistent with an agreement, the jury may conclude the parties are "the gears in a drug distribution machine they created." Daniels, 607 So.2d at 624.

In reviewing claims challenging the sufficiency of the evidence, this court must consider "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 beyond a reasonable doubt." Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560, 573 (1979). When circumstantial evidence is used to prove the commission of an offense, "assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." La. R.S. 15:438. This standard is not purely separable from Jackson; all the evidence must be sufficient under Jackson to satisfy a rational juror that the defendant is guilty beyond a reasonable doubt. State v. Rosiere, 488 So.2d 965, 968 (La.1986). Applying this standard, we must determine (1) whether the State proved defendant acted as a principal by intentionally or knowingly aided and abetted his codefendants in possessing cocaine with the intent to distribute it, and (2) whether the State proved defendant made an agreement with his codefendants, i.e., conspired, to commit the crime of possession of cocaine with intent to distribute.

WHAT WAS DEFENDANT'S ROLE?

The State contends defendant drove the coconspirators to Slidell, was a vigilant, armed lookout while the sale was being consummated, and procured money from the glove compartment of the Toyota for the purchase of the cocaine. Defendant does not dispute he drove the codefendants to Slidell but contends he was never physically or constructively in possession of cocaine. Our review of the testimonial and taped evidence reveals the following.

Bane took the stand against his attorney's advice. He testified he had known Stubbs and Dunn for many years, but he had never met defendant before the morning of the drug transaction. He knew nothing about him and did not know who arranged for him to drive.

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Cite This Page — Counsel Stack

Bluebook (online)
686 So. 2d 101, 1996 WL 732372, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-belino-lactapp-1996.