State v. Boyd

649 So. 2d 80, 1994 WL 715815
CourtLouisiana Court of Appeal
DecidedDecember 28, 1994
Docket94-KA-641
StatusPublished
Cited by14 cases

This text of 649 So. 2d 80 (State v. Boyd) 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. Boyd, 649 So. 2d 80, 1994 WL 715815 (La. Ct. App. 1994).

Opinion

649 So.2d 80 (1994)

STATE of Louisiana
v.
Louis BOYD.

No. 94-KA-641.

Court of Appeal of Louisiana, Fifth Circuit.

December 28, 1994.
Rehearing Denied February 17, 1995.

*81 Harry J. Morel, Jr., Dist. Atty. and Emile R. St. Pierre, Asst. Dist. Atty., Hahnville, for appellee.

Mark A. Marino, Destrehan, for appellant.

Before BOWES, DUFRESNE and WICKER, JJ.

WICKER, Judge.

On November 16, 1993 Louis Boyd was charged in a six-count bill of information with the following offenses: Count I, possession with intent to distribute cocaine, a violation of La.R.S. 40:967(A)(1); Count II, possession with intent to distribute marijuana, a violation of La.R.S. 40:966(A)(1); Count III, possession of a firearm by a convicted felon, a violation of La.R.S. 14:95.1; Counts IV, V and VI, distribution of cocaine, violations of La.R.S. 40:967(A)(1).

The defendant pleaded not guilty and filed several pretrial motions, including a motion to suppress the evidence. After a hearing the motion to suppress was denied. Prior to trial, the defendant filed a motion to sever Count III, possession of a firearm by a convicted felon, in which the prosecution concurred. The trial court granted the motion and Count III was severed.

After a jury trial on the other five counts, the jury returned the verdict of guilty as charged on each count. The trial court ordered a sentencing guideline report and a presentence investigation report. The defendant filed a motion for new trial, which was denied. On May 10, 1994, the defendant was sentenced as follows: on Count I, possession with intent to distribute cocaine, eight years; on Count II, possession with intent to distribute marijuana, six years and payment of a fine of $10,000.00; on Counts IV, V and VI, distribution of cocaine, 13¾ years on each count. The defendant was given credit for time served on all counts and each sentence *82 was to run concurrent with the other sentences.

The defendant has appealed, raising the following assignments of error:

1. The trial court erred in allowing testimony of scientific results which were not properly before the jury.
2. The trial court erred in denying the motion to suppress the evidence found in the vehicle in the front of the defendant's alleged home.
3. The trial court erred in denying the motion to suppress the evidence seized pursuant to the search warrant.
4. The trial court erred when it allowed witnesses for the State to testify to their opinion as to facts outside of their personal knowledge and training.

FACTS

Shortly after midnight on September 11, 1993, St. Charles Parish Sheriff's Office deputies executed a search warrant at 29 Cathy Street in Norco, Louisiana. As a result of the search of the house at this location, the officers seized numerous items including a dish containing a razor blade and a white rock-like substance, a scale containing white residue, test tubes containing white residue, clear plastic bags containing green vegetable material, and a plastic bag containing a white residue. Additionally, items such as baking soda, mouthwash, a plastic knife, and a spoon were found in the same bedroom where the other items were found. Three brown medicine bottles containing a white residue and a white rock-like substance were seized from the front seat and console of a Mercedes-Benz automobile parked in front of the residence. Subsequent lab analysis indicated that the green vegetable material was marijuana and the white rock-like substance and white residue were cocaine.

The defendant was arrested prior to the actual search of the residence when he was seen walking a half-block from the residence. More than $2,000 in cash was seized from the defendant, but no drugs were found on him.

The search warrant was based upon an anonymous telephone call received by law enforcement officials regarding alleged drug trafficking by the defendant and on three alleged sales of crack cocaine to an undercover agent in July of 1993. Agent Jerry Butler of the St. Mary Parish Sheriff's Office testified that he was assigned to St. Charles Parish in July of 1993. On July 2, 1993, while driving along Cathy Street in Norco with a confidential informant, Butler saw the defendant in front of a residence. When Butler asked the defendant about buying crack cocaine, the defendant went inside the house at 29 Cathy Street. A minute later, the defendant returned and sold Butler a white rock-like object. The same evening, a short time later, Butler returned to the location and saw the defendant sitting on the porch of the same residence. Again, the defendant sold the agent a substance the agent suspected to be crack cocaine. On July 15, 1993, Butler was again in the same area. While driving down Cathy Street, Butler saw the defendant and purchased another rock-like substance which appeared to be crack cocaine. Subsequent lab analysis showed that the three substances contained cocaine.

During the first transaction, the confidential informant told Butler the seller's name was Louis and that he thought his last name was Brown. Subsequently, after the sales, Butler positively identified the defendant, Louis Boyd, in a photographic lineup.

ASSIGNMENT OF ERROR NUMBER ONE

In his first assignment of error, the defendant contends the trial court erred in allowing testimony of scientific results which were not properly before the jury. The defendant argues that the trial court erred in admitting testimony regarding the drug analysis reports. Specifically, he argues that the State failed to give the proper statutorily-required notice of its intent to use the certificate of analysis as proof of contraband seized pursuant to the search warrant. Additionally, he contends that the trial court improperly allowed hearsay testimony of Officer Carl Mack regarding the criminal lab results of tests conducted on this evidence.

The State argues that the record indicates it gave timely notice to the defendant of its *83 intent to use the crime-lab certificate as proof. Also, it argues that if the trial court erred in allowing the testimony of the crime scene technician, then this error is harmless, because the results would have come into evidence.

The record indicates that the defendant made no objection to the introduction of the laboratory analysis certificate. The defendant had ample opportunity both prior to and during trial to object to this report introduced by the State. As he failed to do so, defendant is precluded from raising this issue on appeal. La.Code Crim.P. art. 841; State v. Soler, 93-1042 (La.App. 5th Cir. 4/26/94), 636 So.2d 1069, 1074, writ denied, 94-0475 (La. 4/4/94), 637 So.2d 450; State v. Sherman, 630 So.2d 321, 325 (La.App. 5th Cir.1993), writ denied, 94-0258 (La. 5/6/94), 637 So.2d 1046.

ASSIGNMENT OF ERROR NUMBER TWO

The defendant contends the trial court erred in denying his motion to suppress the evidence seized from a vehicle parked in front of the defendant's alleged home at the time the search warrant was executed. The State argues that the vehicle parked in front of the residence off the roadway was on the "premises" of the described address and, therefore, the vehicle was included in the warrant. Alternatively, the State contends that if the vehicle was not part of the premises or "curtilage," the items were seized under the plain view exception.

We do not address the substance of this assignment, however.

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Cite This Page — Counsel Stack

Bluebook (online)
649 So. 2d 80, 1994 WL 715815, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boyd-lactapp-1994.