State v. Comeaux

505 So. 2d 220, 1987 La. App. LEXIS 9271
CourtLouisiana Court of Appeal
DecidedApril 8, 1987
DocketNo. CR86-428
StatusPublished
Cited by2 cases

This text of 505 So. 2d 220 (State v. Comeaux) 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. Comeaux, 505 So. 2d 220, 1987 La. App. LEXIS 9271 (La. Ct. App. 1987).

Opinion

GUIDRY, Judge.

Defendant-appellant, Mickey L. Co-meaux, was charged by grand jury indictment with one count of distribution of marijuana, a violation of La.R.S. 40:966(A)(1). He was tried and found guilty. A pre-sen-tence investigation report was ordered and on February 24, 1986, defendant was sentenced to six years at hard labor. From that conviction and sentence, the defendant appeals assigning the following as errors:

1. The trial court erred in declining to permit the introduction into evidence of the written report of Ronald Vidalia, a narcotics agent, who was called by and testified in behalf of the State.
2. The trial court erred in admitting into evidence, over the objection of counsel for the defendant, the documents marked for identification as S-l and S-2.
3. The trial court erred in declining to sustain the motion made on behalf of the defendant for a directed verdict in favor of the defendant on the grounds of entrapment.
4. The trial court erred in declining to acquit the defendant on the grounds of entrapment.

[221]*221FACTS

On July 18, 1985, Sergeant Ronald Vida-lia was working undercover conducting a narcotics investigation for the Jefferson Davis Parish Sheriffs Office. Vidalia and a confidential informant (C.I.) picked up one Willis Guidry, a friend of the C.I., to assist them in locating and purchasing drugs. As they proceeded along West Division Street in Jennings, Jefferson Davis Parish, they spotted the defendant, Mickey Comeaux, parked on the side of the road. They pulled over in front of Comeaux’s car and Guidry walked back to the defendant’s vehicle and asked Comeaux if he knew where he could get a $30.00 dollar bag of marijuana for his “friend”. The defendant responded by answering yes and handing Guidry a bag of marijuana. He instructed Guidry to try and get $30.00 for it but if he could not, then he would take $25.00. Gui-dry walked back to Vidalia’s vehicle and the defendant followed. The defendant then told Agent Vidalia he wanted $30.00 for the marijuana, if he could get it. Agent Vidalia paid Comeaux $30.00. Before returning to his vehicle, defendant told Agent Vidalia that the bag he sold him was his last but he was expecting more and to check with him. later if he wanted some more marijuana. As a result of the above transaction, both Willis Guidry and Mickey Comeaux were arrested and charged with distribution of marijuana. Guidry pleaded guilty and was sentenced prior to testifying in the present case.

ASSIGNMENT OF ERROR NO. 1

Defendant first argues that the trial judge erred in declining to permit the introduction into evidence of the written report of Sergeant Ronald Vidalia. During cross-examination of Officer Terry Langley, defense counsel asked to see any receipt Langley may have received when he delivered the contraband he picked up from Agent Vidalia to the crime lab in Lake Charles. Officer Langley complied with the request and handed the receipt to defense counsel. Agent Vidalia’s report had been inadvertently attached to that receipt. The defense sought to have the report admitted into evidence and to question Officer Langley about the report. The prosecution objected, and the trial judge sustained the objection.

“As a rule, the state is not required to produce for inspection a police report or a prior statement for use in cross-examination of a state witness for impeachment purposes unless:
(1) the witness has physical possession of the report on the stand and testified from it. State v. Latin, 412 So.2d 1357 (La.1982); State v. Perkins, 310 So.2d 591 (La.1975); or
(2) the witness testified exclusively from his past recollection recorded even though he does not have physical possession of the report on the stand. State v. Latin, 412 So.2d 1357 (La.1982); State v. Banks, 341 So.2d 394 (La.1976); or
(3) it is established that there is an inconsistency between the witness’ testimony at trial and his prior statement. State v. Breaux, 366 So.2d 1375 (La.1978); State v. Lovett, 359 So.2d 163 (La.1978).”

State v. Johnson, 438 So2d 1091, 1098 (La.1983).

In the present case, Officer Langley was testifying solely from memory. The report which the defense sought to have introduced had nothing to do with the subject matter of Officer Langley’s testimony. In fact, the report was not one which Officer Langley had prepared, but rather was a report prepared by Agent Vidalia which had been inadvertently attached to the receipt. Accordingly, the report was properly withheld from the defense.

ASSIGNMENT OF ERROR NO. 2

The defense argues that the trial court erred in admitting S-l and S-2, the bag of contraband and the forensic report identifying it as marijuana, over his objection. The defendant contends that the evidence should not have been admitted because the chain of custody, “step by step”, was not established.

The record makes clear that the plastic bag of marijuana admitted in evidence and [222]*222identified as S-l was the same bag of marijuana purchased by Vidalia from the defendant.

The evidence reflects that Willis Guidry arranged the purchase of the bag of marijuana from the defendant. Guidry handed the plastic bag of marijuana to Agent Ronald Vidalia. Vidalia put the “bag” in his sock. Approximately one-half hour later, when he returned to his motel room, he labeled it, sealed it and locked it in his briefcase. Agent Vidalia then secured the briefcase under the bed in his locked motel room.

The next morning Officer Terry Langley picked up the evidence. Langley gave this “bag” a number, placed it in an evidence envelope which he sealed, labeled and locked in a suitcase which he placed in the locked truck of his car. Langley drove to Lake Charles and delivered the sealed evidence envelope (S-l) to Deputy Sandra Havens, from whom he secured a receipt.

Deputy Sandra Havens, the evidence custodian, was the only person in the chain of custody not to appear and testify at trial. However, Deputy Timothy Simon, the forensic analyst who actually tested the contraband, did appear. He stated that he received the still sealed envelope (S-l) from Deputy Havens, tested the material contained therein, which he found to be marijuana, resealed the envelope, returned it to Deputy Havens, and then on the afternoon of trial, again received the sealed envelope from Deputy Havens and transported it to court. Deputy Simon further testified that S-2 was the report he prepared after testing the substance contained in the evidence envelope marked S-l.

We find this case almost squarely on all fours with the case of State v. Franks, 483 So.2d 224, 228, 229 (La.App. 3rd Cir.1986), writ denied, 488 So.2d 196 (La.1986), decided by this court last year wherein we stated:

“[Defendant argues that the trial court erred in admitting the Pentazocine into evidence when the district attorney failed to establish an unbroken chain of custody. The defendant asserts that because Mr. Simon, the chemical analyst at the crime lab, did not know who put the pills on his desk to be examined, there was no way to insure that the pills examined were the same ones Mr. Ceasar gave the undercover agents.

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Related

State v. Shillow
602 So. 2d 28 (Louisiana Court of Appeal, 1992)
Martin v. State
554 A.2d 429 (Court of Special Appeals of Maryland, 1989)

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Bluebook (online)
505 So. 2d 220, 1987 La. App. LEXIS 9271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-comeaux-lactapp-1987.