State v. Carpenter

772 So. 2d 200, 2000 WL 1535440
CourtLouisiana Court of Appeal
DecidedOctober 18, 2000
DocketKA00-436
StatusPublished
Cited by13 cases

This text of 772 So. 2d 200 (State v. Carpenter) 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. Carpenter, 772 So. 2d 200, 2000 WL 1535440 (La. Ct. App. 2000).

Opinion

772 So.2d 200 (2000)

STATE of Louisiana
v.
Jerry CARPENTER.

No. KA00-436.

Court of Appeal of Louisiana, Third Circuit.

October 18, 2000.

*202 Michael Harson, Assistant District Attorney, District Attorney's Office, Lafayette, Louisiana, Counsel for State/Appellee.

C. Michael Hill, Lafayette, Louisiana, Counsel for Defendant/Appellant.

(Court composed of Judge BILLIE COLOMBARO WOODARD, Judge OSWALD A. DECUIR, and Judge JIMMIE C. PETERS).

WOODARD, Judge.

In this criminal litigation, a former Chief of Police, Mr. Jerry Carpenter (Chief Carpenter) appeals his convictions for malfeasance in office and for filing a false report. Essentially, he claims that the State's evidence was insufficient to convict him. On the contrary, we find that the State proved, beyond a reasonable doubt, its case regarding his malfeasance conviction, which is based on tampering with evidence, and affirm.

Regarding the filing of a false public record conviction, the trial court did not find that Chief Carpenter actually filed a false report, but that he aided and abetted or, at least, allowed the report to be filed and, thus, became a principal of the filing a false public record crime. We affirm his conviction.

* * * * *

On April 18, 1996, Officer Nathan Broussard of the Scott Police Department (SPD) patrolled Interstate 10 (I-10), with an operating camera installed aboard his police unit to record the events occurring during his shift. At approximately 5:50 p.m., he stopped a Lincoln Towncar (the Towncar) for a traffic violation. The three individuals present in the Towncar—Mr. Billy Nguyen, the driver, and his two passengers, Mr. Hoan Tuan Nguyen and Mr. Van Bvi Phong—provided inconsistent accounts regarding their whereabouts, which triggered Officer Broussard's suspicion. As a result, he sought and obtained their permission to search the Towncar.

Meanwhile, Reserve Officer Robinson Olivero and Officer Brent Breaux reported to the scene and searched the Towncar. Officer Broussard described it as being thorough and provided details regarding the underneath of the driver's seat and the trunk liner's inspection. Their search proved fruitless. Notwithstanding, the three occupants revealed that they had $20,000.00 in cash in a jacket on the Towncar's back seat. And, Officer Breaux found a sack, containing approximately $30,000.00, in a suitcase in the car's trunk. The Officers later counted a total amount of approximately $55,000.00.

Suspecting that the money could possibly be related to a drug transaction, the Officers decided to search the vehicle further, at the police station, away from traffic. The three occupants agreed to follow the officers to the SPD, driving the Towncar. They reached the SPD around 7:30 p.m., and Officer Broussard parked his unit behind the Towncar, with the camera still operating. Trooper Lam Nguyen reported to the SPD to serve as an interpreter. Before Officer Broussard interviewed any of the three suspects, he asked Officer Breaux to watch the Towncar.

After he conducted the first interview, Officer Broussard walked outside of the SPD to check on Officer Breaux, whom, he realized, had left his post. Officer Broussard learned that Officer Breaux had been assigned to patrol duties. He requested that Sergeant Romero or Chief Carpenter *203 take over the Towncar's watch and returned to the interview room.

Meanwhile, Sergeant Romero, who proceeded to run a "drug dog" on the Towncar, allegedly, immediately obtained a "hit" on the driver's side and trunk areas, apparently indicating the presence of drugs. Sergeant Romero, allegedly found marijuana under the driver's seat, and Chief Carpenter claimed that he found a bag of a white powdery substance in the trunk, underneath the trunk's liner, in an area which Officer Broussard specifically remembered having searched. Subsequently, the three individuals were placed under arrest.

Thereafter, Officer Broussard went home and became curious to discover where Chief Carpenter and Sergeant Olivero had found the contraband. Immediately, he viewed the videotape (the videotape) which the camera, located on his unit, had produced. The tape had properly recorded the events. He fast-forwarded it to the time of the second search that Chief Carpenter and Sergeant Romero had conducted. He explained that the videotape showed Chief Carpenter walking toward the Towncar's open trunk with his hand cradled as if it contained something. Chief Carpenter looked around, bent down, appeared to place something in the trunk, and left the scene. Shortly thereafter, he reappeared within the camera's scope, motioning other people to follow him towards the Towncar, and more specifically, its trunk. Then, he bent down again, immediately removed a bag, containing a powdery white substance.

Officer Broussard showed the tape to his friend, Deputy Michael Collins, who, in essence, corroborated his depiction of the taped events. Moreover, Ms. Stephanie Dawn Simon, Officer Broussard's former girlfriend, also viewed the tape and essentially corroborated his description. Interestingly, another SPD member, Sergeant Darrell Broussard, testified that Chief Carpenter reached under the trunk's liner "real quick" when pulling out the white powder bag.

After a failed forfeiture proceeding instigated by the SPD, the State became aware of evidence, indicating that Chief Carpenter had "planted" the white powder in the car's trunk. A State investigation ensued, revealing among other things, that all but approximately twelve minutes of the videotape had been erased, and it no longer showed the event which took place at the police station during the evening. Similarly, and oddly, a laboratory analysis performed on the white powdery substance which Chief Carpenter allegedly found in the Towncar, revealed the absence of any illegal content. Eventually, the bag disappeared at some time before trial.

The State charged Chief Carpenter, by bill of indictment, with one count of filing a false public record[1] and four counts of malfeasance in office for tampering with evidence.[2] After a three-day bench trial, which began on December 21, 1998, the trial court found Chief Carpenter to be guilty as charged regarding the filing of a false public record count and for one of the malfeasance counts. The court granted his motion for a judgment of acquittal on the other three malfeasance counts.

On December 22, 1998, Chief Carpenter moved for a post-verdict judgment of acquittal and for a new trial, which the trial court denied on April 5, 1999. After he waived sentencing delays, the court sentenced him to three years on each count, concurrent. It suspended each sentence, with the condition that he serve one year in the Parish Jail and the two remaining years on supervised probation. Chief Carpenter did not move for sentence reconsideration. However, he appeals.

ERRORS PATENT

First, the trial court imposed an illegally lenient sentence upon Chief Carpenter *204 when it placed him on supervised probation without following La.Code Crim.P. art. 895(A) requirements. However, we do not recognize this trial court's error because the State does not claim any resulting prejudice.

Second, the trial court failed to inform Chief Carpenter of the two-year prescriptive period for filing post-conviction relief as La. Code Crim.P. art. 930.8 requires. Accordingly, we remand the case to the trial court with an instruction to send appropriate written notice of Article 930.8's provisions to Chief Carpenter within ten days of this opinion's rendition.

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Bluebook (online)
772 So. 2d 200, 2000 WL 1535440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carpenter-lactapp-2000.