State v. Boykin

688 So. 2d 1250, 1997 WL 40879
CourtLouisiana Court of Appeal
DecidedJanuary 31, 1997
Docket29141-KA
StatusPublished
Cited by19 cases

This text of 688 So. 2d 1250 (State v. Boykin) 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. Boykin, 688 So. 2d 1250, 1997 WL 40879 (La. Ct. App. 1997).

Opinion

688 So.2d 1250 (1997)

STATE of Louisiana, Appellee,
v.
Cornell F. BOYKIN, Appellant.

No. 29141-KA.

Court of Appeal of Louisiana, Second Circuit.

January 31, 1997.
Rehearing Denied February 20, 1997.

*1251 John M. Lawrence, Shreveport, for Appellant.

Richard P. Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, John D. Mosely, Jr., Assistant District Attorney, for Appellee.

Before MARVIN, C.J., and HIGHTOWER and WILLIAMS, JJ.

WILLIAMS, Judge.

The defendant, Cornell Boykin, was charged by bill of information with one count of distribution of cocaine, a violation of LSA-R.S. 40:967. A jury convicted the defendant as charged. The trial court adjudicated defendant a second felony offender and sentenced him to serve twenty years imprisonment at hard labor, to run consecutively to a sentence imposed in a prior case. Defendant timely filed motions for new trial, for post-verdict judgment of acquittal, to quash the habitual offender bill, and to reconsider sentence, all of which the trial court denied. He now appeals his conviction and sentence. For the reasons assigned below, we affirm the defendant's conviction, vacate his habitual offender adjudication and sentence, and remand for further proceedings.

*1252 FACTS

On November 8, 1994, the Street Level Interdiction Unit of the Shreveport Police Department ("SPD") conducted a "buy-bust" narcotics sting operation in the Cedar Grove area of Shreveport. Officer Greg Washam testified that on the night in question, he was a passenger in an unmarked vehicle driven by Officer Christopher Hays.[1] As the officers proceeded down Fuller Street, the defendant waved to them from the front yard of 428 Fuller and motioned for them to stop. Officer Washam recognized the defendant as Cornell Boykin from a previous meeting. The defendant walked up to the curb and asked what the officers needed. Officer Washam responded "two." The officer testified that the defendant reached into his right front pants pocket and pulled out two items. The officer could not see what the items were initially, but when the defendant placed the items in the officer's hand, the officer recognized that they were rocks of suspected crack cocaine. Officer Washam gave the defendant two ten-dollar bills of SPD "buy money" that had been previously photocopied and treated with an ultraviolet powder that would mark the hands of any person who had held the money.

After the officers left the scene, they radioed the defendant's description to the arrest team and instructed them to intercept the defendant. The defendant had walked back into the house by the time the arrest team made its first approach, so Officers Hays and Washam drove back to 428 Fuller Street. Officer Hays got out of the car and walked toward the yard at which time the defendant walked back out onto the porch of the house to meet the officer. The arrest team then arrived and started to approach the defendant who ran back into the house. The arresting officers chased the defendant into the house and apprehended him. At some point during the arrest, someone in the house threw a plate out of a window. Officer Kelly Phender recovered the plate, placed it in a plastic bag, marked it with her name and the date of recovery, and stored it in the SPD property room. The plate was later tested and was positive for cocaine residue.

While the arrest team was apprehending the defendant, Officer Washam conducted a field test and determined that the substance the defendant had given him was cocaine. The officer discarded the test kit, but put the cocaine into a sealed plastic bag marked with his initials, and later placed the cocaine in the SPD property room to be transported to the laboratory for analysis. Shortly after the arrest team apprehended the defendant, Officers Hays and Washam identified the defendant as the person who had sold them the crack cocaine. Officer John Youngblood, the arresting officer, testified that he recovered the "buy" money from the defendant's person and identified the money recovered as that which had been photocopied prior to the "buy-bust" operation. The officers did not conduct an ultraviolet residue test on the defendant. Officer Youngblood testified that he did not observe anyone in the house other than the defendant and law enforcement officers.

Carla Pettis, an evidence technician at the North Louisiana Crime Laboratory, testified that the laboratory records showed that she received the rocks of suspected cocaine and the plate from Officer Rodney Price for testing. She identified the items. Pettis also testified regarding the laboratory's standard procedures for receiving and labeling evidence, and stated that according to laboratory documentation, the rocks and plate appeared to have been received, labeled, and stored according to standard laboratory procedures.

Randall Robilliard, a chemist at the crime laboratory, also identified the rocks of cocaine and plate. He stated that he analyzed the rocks and the residue found on the plate and that both tested positive for cocaine. Robilliard testified regarding the specifics of the tests he performed on the evidence, and corroborated Pettis' testimony regarding the laboratory's standard procedures for receiving, labeling, and storing evidence.

The defendant took the stand and denied that he sold drugs to the officers or threw the plate out of the window. He admitted that he spoke to the officers at the curb but *1253 said that they left after he told them that he did not sell cocaine. The defendant also testified that he was wearing the same sweatpants that he wore on the night of his arrest and showed the jury that his pants had no pockets. He said the house where he was arrested was "a known dope house" but that he was just there talking with a young woman and had nothing to do with selling drugs.

After listening to the testimony, the jury found the defendant guilty as charged. The state then filed an amended bill of information charging the defendant as a second felony offender under LSA-R.S. 15:529.1. The defendant filed a motion to quash this bill, which the state subsequently amended. In response to the state's amended bill, the defendant filed another motion to quash the bill of information. After a hearing, at which the state made further oral amendments, the trial court denied defendant's motion to quash and adjudicated him a second felony offender. The defendant also filed motions for new trial, for post-verdict judgment of acquittal, and a motion to reconsider sentence, all of which the trial court denied. He now appeals.

DISCUSSION

Assignment of Error No. 1:

(Admissibility of cocaine seized from the defendant's residence)

Assignment of Error No. 4:

(Denial of defendant's motion for post-verdict judgment of acquittal)

By these assignments of error, the defendant contends that the evidence against him, viewed in the light most favorable to the state, is insufficient to support the guilty verdict because: (1) "the testimony of the undercover officer was not corroborated regarding an actual sale of cocaine" and (2) "the chain of custody was not shown properly to introduce the evidence." These arguments lack merit.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct.

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Bluebook (online)
688 So. 2d 1250, 1997 WL 40879, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boykin-lactapp-1997.