State v. Blanche

91 So. 3d 1189, 2012 WL 1192182
CourtLouisiana Court of Appeal
DecidedApril 11, 2012
DocketNo. 47,015-KA
StatusPublished
Cited by2 cases

This text of 91 So. 3d 1189 (State v. Blanche) 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. Blanche, 91 So. 3d 1189, 2012 WL 1192182 (La. Ct. App. 2012).

Opinion

MOORE, J.

|TThe defendant, Don L. Blanche, was convicted of obstruction of justice and sentenced to five years’ imprisonment at hard labor to be served consecutive with the sentence imposed for defendant’s previous attempted .manslaughter conviction and any other sentences the defendant is obli[1191]*1191gated to serve. The defendant now appeals. For following reasons, we affirm.

FACTS

The defendant was charged by bill of information with one count of possession of phencyclidine (“PCP”), a Schedule I controlled dangerous substance and one count of obstruction of justice allegedly committed on May 30, 2009. The matter came on for trial before a six-person jury on June 29, 2010, where the following facts were established.

On May 30, 2009, the defendant was stopped by Officer Thomas Burlow of the Monroe Police Department in the 3800 block of Owl Street in Monroe, Louisiana. The vehicle, driven by Chesire Powell, failed to come to a complete stop at a stop sign. Officer Burlow testified that in addition to Powell, he recalled two other occupants, one sitting in the front passenger seat and one in the rear compartment. Assisting Officer Burlow during the stop as backup was Officer Michael Freeman who approached the vehicle from the rear passenger side.

As he approached, Freeman could see a “More” cigarette “partially wrapped with a zigzag” sitting in the lap of the rear passenger, whom Freeman subsequently identified as the defendant. Knowing that More cigarettes are commonly used for dipping in and smoking PCP, Freeman asked the defendant to exit the vehicle. As the defendant started to get out, | ^Freeman observed the defendant grab the More cigarette from his lap and throw it onto the front seat. Freeman found the cigarette on the floorboard of the front passenger seat and retrieved it. The zigzag wrapper appeared to be wet and the cigarette had an odor which Freeman associated with PCP. Freeman then placed the defendant under arrest.

The cigarette was given to Paul Knight, a detective with the Metro Narcotics Unit of the Ouachita Parish Sheriffs Office who had been called to the scene. Knight testified that the officers on the scene provided him two cigarettes, one a partially burned More cigarette and the other a hand-rolled cigarette, both of which he sealed in an evidence envelope and secured in an evidence locker until he transferred them to the Northeast Louisiana Crime Lab. At the crime lab, the evidence was tested by Susan Foley, a forensic chemist, who determined the evidence contained phencycli-dine or PCP.

The defendant testified that the vehicle had four occupants, including a second passenger in the rear compartment. He stated that the vehicle came to a stop “about a few whatever inches or miles or whatever” after the police activated their lights. When the officer came up to his window and shined a flashlight on his lap, he first noticed the More cigarette sitting there. He said the driver threw the cigarette into his lap while he was looking towards the rear at the police unit which was pulling them over. The defendant testified that he brushed the cigarette out of his lap causing it to land in the front passenger compartment. Explaining how the act of brushing the cigarette caused it to fly into the front passenger compartment, the ^defendant asserted that the driver was extremely overweight and had his seat reclined all the way back.

The defendant testified that, after exiting the vehicle, he asked the officer to smell his hands, but the officer refused. Asked why he made that request, defendant indicated that his hands would have smelled of PCP if he had been handling the cigarette. Asked how he knew the cigarette was - laced with PCP, defendant gave two differing explanations: first he asserted that the officer had stated as [1192]*1192much but subsequently -stated that he had been able to smell the PCP after the officer retrieved the cigarette from the front passenger compartment.

Officer Freeman returned to the stand on rebuttal and was asked whether what he observed the defendant do with the cigarette was a “brushing off motion.” Freeman answered in the negative and when asked to again describe what he observed he stated:

Mr. Blanche was sitting straight up and I asked him to exit the vehicle. I didn’t say anything about the cigarette sitting on him because I didn’t want to alarm him. He leaned forward as he was stepping out, grabbed it, threw it in the front as he stepped out of the vehicle.

Freeman stated that the defendant was then put on the ground, placed in handcuffs and secured in Officer Burlaw’s patrol unit. It was only then that the vehicle was searched. Freeman denied that the cigarette was ever shown to or handled around the defendant.

The jury returned a verdict of not guilty on the charge of possession of a Schedule I CDS and a verdict of guilty on the charge of obstruction of justice. The court ordered a presentence investigation and sentencing was ^scheduled for May 9, 2011.

During the sentencing hearing, the trial court noted the defendant’s social and educational history reflected in the PSI, but focused its attention primarily on the defendant’s lengthy criminal background. The court detailed this history which, excluding the conduct that formed the basis of the instant conviction, included arrests in 1993 for second degree assault, in 1995 for misdemeanor carrying of a weapon without a permit and fleeing from an officer, in 1997 for attempted second degree murder, in 1998 for possession of cocaine, in 2003 for armed robbery, in 2006 for attempted second degree murder and possession of a firearm by a convicted felon, and in 2009 for possession of PCP, the last of which occurred while the instant charges were pending. These arrests resulted in convictions for misdemeanor carrying of a weapon without a permit, possession of cocaine, misdemeanor theft of goods, attempted manslaughter and possession of a firearm by a convicted felon. Defendant’s 1997 arrest for attempted second degree murder and his 2010 conviction for attempted manslaughter both involved victims who were shot by the defendant. The court also noted that many of the defendant’s arrests for new criminal conduct occurred while he was on probation from a prior conviction.

The court acknowledged that maximum sentences should be reserved for the worst offenders. Noting, however, that the defendant’s 17-year pattern of criminal behavior, the increasing severity of the crimes committed, the leniency previously afforded defendant by prosecutors dismissing serious charges and the defendant’s prior repeated failure to ^satisfactorily complete prior probationary periods, the court concluded the defendant qualified as the type of offender for whom maximum sentences are reserved. The court then sentenced the defendant to five years at hard labor to be served consecutive to the defendant’s sentences imposed for the defendant’s convictions for attempted manslaughter and possession of a firearm by a convicted felon. A motion to reconsider sentence arguing only bare excessiveness was filed on May 11, 2011, and denied at a hearing conducted on May 26, 2011. The instant appeal-followed.

DISCUSSION

By his first assignment of error, the defendant alleges that the evidence presented at trial was insufficient to sustain [1193]*1193the conviction for obstruction of justice.

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Cite This Page — Counsel Stack

Bluebook (online)
91 So. 3d 1189, 2012 WL 1192182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blanche-lactapp-2012.