State v. Cosie

44 So. 3d 314, 2010 La. App. LEXIS 979, 2010 WL 2595150
CourtLouisiana Court of Appeal
DecidedJune 29, 2010
Docket09-KA-933
StatusPublished
Cited by4 cases

This text of 44 So. 3d 314 (State v. Cosie) 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. Cosie, 44 So. 3d 314, 2010 La. App. LEXIS 979, 2010 WL 2595150 (La. Ct. App. 2010).

Opinion

FREDERICKA HOMBERG WICKER, Judge.

|2In this criminal matter, defendant Glenn R. Cosie appeals his convictions for possession of cocaine with intent to distribute and possession of a firearm by a convicted felon. The defendant contends that the trial court erred by denying his motion to suppress evidence. For the reasons that follow, we affirm the defendant’s conviction and sentence.

PROCEDURAL HISTORY

On August 22, 2008, the state charged the defendant with two counts of possession of a firearm by a convicted felon (Counts 1 and 2) and one count of posses *317 sion with intent to distribute cocaine (Count 3), violations of La.R.S. 14:95.1 and La.R.S. 40:967(A) respectively. The defendant pleaded not guilty as to all counts at arraignment.

The defendant filed a motion to suppress evidence. The trial court denied the motion on January 7, 2009. However, the trial court allowed the defendant to reurge the motion prior to trial on August 5, 2009. After allowing the defendant to |sreurge the motion, the trial court again denied the motion. The defendant thereafter withdrew his not guilty pleas and pleaded guilty as charged to all three counts. The defendant reserved the right to challenge the trial court’s rulings on the motion to suppress pursuant to State v. Crosby, 338 So.2d 584 (La.1976).

On August 6, 2009, the trial court sentenced defendant to fifteen years imprisonment at hard labor on Counts 1 and 2 and twenty years imprisonment at hard labor on Count 3. The trial court ordered that the sentences run concurrently. The trial court additionally ordered that the sentences concurrently with “any parole revocation that [the defendant] may face based on the pleas.” This timely appeal followed.

FACTS

The following facts were developed from the testimony presented at the hearing on the motion to suppress.

Katherine Walthall is employed by the state as a probation and parole officer. Agent Walthall was the defendant’s parole officer on June 27, 2008. At the time, the defendant was on parole for possession with intent to distribute cocaine. Agent Walthall testified that she received a phone call from the Kenner Police Department informing her that the defendant had been spotted leaving a high crime area with $16,000.00 hidden in his motorcycle. The Kenner Police Department also indicated to Agent Walthall that the defendant appeared to be very nervous during the traffic stop.

Agent Walthall testified at trial that, in her opinion, she had reasonable suspicion to search the defendant’s residence based on the information she received from the Kenner Police Department. Agent Walt-hall therefore asked several Kenner Police narcotics detectives, including Detective Kevin Treigle, to accompany her to the defendant’s residence. On June 27, 2008, Agent Walthall ^proceeded to the defendant’s residence and knocked on the front door. The defendant’s mother answered the door. Agent Walthall asked the defendant’s mother if she could see the defendant. The defendant’s mother told Agent Walthall that the defendant was not at home. Agent Walthall thereafter asked the defendant’s mother if she and Detective Treigle could verify that the defendant was not at home. The defendant’s mother responded affirmatively and agreed to take Agent Walthall to the defendant’s room.

Agent Walthall and the defendant’s mother went to the defendant’s bedroom. The defendant was not present. When Agent Walthall entered the defendant’s bedroom, she saw a black duffel bag in plain view next to the defendant’s bed. Agent Walthall testified that bag was open and that she could clearly see a digital scale sitting on top of other items in the bag. Agent Walthall testified that digital scales are often used for weighing illegal narcotics.

After Agent Walthall saw the scale, she examined the contents of the duffel bag. She found a razor blade, several clear plastic bags, and a second digital scale. One of the digital scales had a white powder substance on its surface that later field-tested positive for cocaine. Agent Walt-hall also found a spoon and a Pyrex bowl *318 containing water and an off-white rock substance on the floor of the defendant’s bedroom. The off-white substance Agent Walthall recovered from the Pyrex bowl later field-tested positive for cocaine. Agent Walthall testified that digital scales are often used for weighing illegal narcotics and that plastic bags are commonly used to package narcotics. Agent Walthall further testified that razor blades are commonly used for cutting and separating narcotics.

On cross-examination, Agent Walthall testified that she had been to the defendant’s home once prior to June 27, 2008. She also testified that she asked the defendant’s mother if she could search her home. Defense counsel attempted to |fiask Agent Walthall whether she knew if Ken-ner Police had probable cause to stop the defendant on June 21, 2008. However, the state objected to the line of questioning and the trial court sustained the objection.

Detective Treigle testified that he was informed that Officer Shane Tilford of the Kenner Police Department stopped the defendant in an area known for narcotics trafficking. Officer Tilford informed Detective Treigle that the defendant was in possession of $16,000. Detective Treigle thereafter contacted Agent Walthall and offered his assistance. He participated in the residence check at the defendant’s residence on the morning of June 27, 2008. Detective Treigle and another Kenner Police detective secured the rear of the defendant’s residence while Agent Walthall proceeded to the front door. After Agent Walthall made contact with the defendant’s mother, Detective Treigle entered the defendant’s residence.

Detective Treigle thereafter aided Agent Walthall in searching the defendant’s bedroom. Detective Treigle eon-firmed that he and Agent Walthall recovered a razor blade, several clear plastic bags, two digital scales, and a Pyrex jar from the defendant’s bedroom. Detective Treigle testified that in his experience, Pyrex containers are commonly used to manufacture crack cocaine.

Detective Treigle and Agent Walthall also observed a safe on the top shelf in the defendant’s bedroom closet. The safe was locked. Detective Treigle subsequently applied for and obtained a search warrant for the defendant’s residence. When Detective Treigle arrived at the defendant’s residence with the search warrant, the defendant was not present. However, the defendant arrived shortly thereafter. Detective Treigle advised the defendant of his Miranda 1 rights and placed the defendant under arrest for the contraband located in his bedroom. After searching the defendant, Detective Treigle detective found $433.00 and a set |6of keys on the defendant’s person. Detective Treigle used one of the keys to open the safe in the defendant’s bedroom. Inside the safe were six stacks of one hundred dollar bills totaling $6,200.00. It was later determined that two of the one-hundred dollar bills were counterfeit.

Detective Treigle thereafter continued to search the defendant’s residence. On a white leather sofa in the garage, Detective Treigle discovered a .40 caliber Ruger pistol and a .22 caliber derringer-style double-barreled pistol in plain view.

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Cite This Page — Counsel Stack

Bluebook (online)
44 So. 3d 314, 2010 La. App. LEXIS 979, 2010 WL 2595150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cosie-lactapp-2010.