State v. Campbell

171 So. 3d 1176, 2015 La.App. 4 Cir. 0017, 2015 La. App. LEXIS 1265, 2015 WL 3897771
CourtLouisiana Court of Appeal
DecidedJune 24, 2015
DocketNo. 2015-KA-0017
StatusPublished
Cited by12 cases

This text of 171 So. 3d 1176 (State v. Campbell) 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. Campbell, 171 So. 3d 1176, 2015 La.App. 4 Cir. 0017, 2015 La. App. LEXIS 1265, 2015 WL 3897771 (La. Ct. App. 2015).

Opinion

ROSEMARY LEDET, Judge.

hln this criminal appeal, the defendant, Novell Campbell, seeks review of his conviction and sentence for possession with intent to distribute cocaine, in violation of La. R.S. 40:967 A(l). For the reasons that [1179]*1179follow, we affirm his conviction and sentence.

STATEMENT OF THE CASE

On August 17, 2010, Mr. Campbell was charged by bill of indictment with one count of possession with intent to distribute cocaine. On August 30, 2010, Mr. Campbell was arraigned and pled not guilty. On November 18, 2010, Mr. Campbell filed various motions, including a motion to suppress evidence. On January 28, 2011, the district court denied the motion to suppress. On March 7, 2012, a jury trial commenced. On the following day, the jury found Mr. Campbell guilty as charged.

On April 5, 2013, the State filed a multiple bill, charging Mr. Campbell as a third felony offender. On April 12, 2013, Mr. Campbell filed motions for new trial and for post-verdict judgment of acquittal. Thereafter, he was appointed new | ^counsel. On February 4, 2014, his new counsel filed a motion for new trial. On April 16, 2014, Mr. Campbell filed a motion to quash the multiple bill, which the district court denied on April 23, 2014. On that same date, a hearing was held on the multiple bill; and the district court adjudicated Mr. Campbell a third felony offender. On March 11, 2014, the district court denied Mr. Campbell’s motion for new trial based on the showing made.

On May 22, 2014, the district court conducted a sentencing hearing. The district court denied Mr. Campbell’s motion seeking a downward departure from the statutory minimum sentence and sentenced him to twenty years at hard labor for this offense. The district court then vacated that sentence and re-sentenced Mr. Campbell as a third felony offender to twenty years at hard labor with the first two years to be served without benefit of parole. This appeal followed.

STATEMENT OF THE FACTS

On August 12, 2010, New Orleans Police Department (“NOPD”) Detective Harry Stovall was assigned to the Second District Narcotics unit. On that date, he executed a search warrant for 1438 Joliet Street in New Orleans, Louisiana. Detective Sto-vall described the structure on the Joliet Street property as a fenced, single family residence with a backyard containing a shed, which had been converted into a bedroom. The search warrant for the Joliet Street property was obtained based on information provided by a confidential informant. The confidential informant provided the NOPD with a tip that an individual known as “Novell” (later identified as Mr. Campbell) was selling narcotics from that address. |sTo corroborate the tip, Detective Stovall, with the confidential informant’s assistance, conducted a controlled purchase from the Joliet street address. Officer Stovall then obtained a search warrant for that address.

After obtaining the search warrant, Detective Stovall conducted “pre-warrant surveillance” — surveillance of the targeted location to ascertain if the target of the investigation is present there. From a concealed location, Detective Stovall viewed the residence and shed on the Joliet property with binoculars; and he communicated with his take-down team, which was made up of multiple officers. Detective Stovall testified that during the pre-warrant surveillance he “noticed the door to the shed that opened and ... could see the top of Mr. Campbell’s head coming out of that shed into the backyard. [Mr. Campbell] began to loiter around the backyard, look over the fence, up and down the streets, and then he went back in.” At that point, Detective Stovall communicated to the take-down team to enter the structure and to secure the location.

[1180]*1180The take down team divided into two groups. One group — Sergeant Samuel Pa-lumbo, Jr., and Detective Mike Lorio— entered the shed; the other group entered the residence. After knocking on the shed door and announcing their presence, Sergeant Palumbo and Detective Lorio entered the shed. Both Sergeant Palumbo and Detective Lorio described the shed as a small room containing a bed, dresser, television stand, and nightstand. Upon entering the shed, Sergeant Palumbo and Detective Lorio found Mr. Campbell standing next to the dresser and his female companion, Joelle Perkins, sitting on the bed. Both Mr. Campbell and Ms. Perkins |4were handcuffed and relocated to the residence, where three other individuals, who the second group of officers found in the residence, were being detained. One of those three individuals was Mr. Campbell’s mother, Ms. Alberta Campbell Augustus, who apparently owned the residence.

After the scene was secured, Detective Stovall arrived with the search warrant and advised the subjects of their Miranda rights.1 While they were waiting for a canine narcotics dog, Detective Stovall, Sergeant Palumbo, and Detective Lorio searched the shed; the other officers searched the residence. During the search of the shed, Detective Stovall recovered two clear plastic bags that were in plain view on the top of the dresser. He testified that “each one of them [the bags] contained a total of 9 pieces of crack cocaine.” He described the cocaine as “[i]n-dividually packaged, individually wrapped.” Sergeant Palumbo located $200.00 in cash and a bag of marijuana on the nightstand next to the bed. Detective Lorio located on the television stand three documents — two medical bills and a medical appointment notice — addressed to Mr. Campbell. One document was addressed to the Joliet Street address; the other two were addressed to the Jeannette Street address.2 Detective Lorio explained that both 1438 Joliet Street and [ fi8502 Jeannette Street are on the same plot of land. The main residence faces Joliet Street, and the shed faces Jeannette Street.3

Sergeant O’Brien testified that during his search of the residence, he recovered two “Good Sense” sandwich bags, a razor blade, and an empty digital scale box. These three items were found together on top of a shelf inside one of the kitchen cabinets. Sergeant O’Brien turned these items over to Detective Stovall to be inventoried. Detective Stovall testified that the razor blade contained a residue.

At trial, the State and the defense stipulated that if Criminalist Nhon Hoang testified, he would confirm that the substances found in the shed tested positive for cocaine and marijuana, respectively. The State also introduced into evidence the criminalist’s lab report, which identified the substances found in the shed as cocaine and marijuana.

The sole defense witness at trial was Ms. Augustus. Ms. Augustus’ direct testimony was limited to her recollection of the events that occurred on August 12, 2010, during the execution of the search [1181]*1181warrant for her residence located at 1438 Joliet Street.4 On cross-examination, Ms. Augustus verified that 8502 Jeannette Street and 1438 Joliet Street were part of the same parcel of land. The shed bore the Jeannette Street address; whereas, the municipal address for the ^residence was listed as 1438 Joliet Street. Although she initially denied that Mr. Campbell lived with her, she recanted her testimony after reviewing Mr. Campbell’s bond dated August 13, 2013. This bond, which Ms. Augustus signed as surety, listed Mr.

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Cite This Page — Counsel Stack

Bluebook (online)
171 So. 3d 1176, 2015 La.App. 4 Cir. 0017, 2015 La. App. LEXIS 1265, 2015 WL 3897771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-campbell-lactapp-2015.