State v. Daggs

823 So. 2d 1093, 2002 WL 1842899
CourtLouisiana Court of Appeal
DecidedAugust 14, 2002
Docket36,216-KA
StatusPublished
Cited by6 cases

This text of 823 So. 2d 1093 (State v. Daggs) 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. Daggs, 823 So. 2d 1093, 2002 WL 1842899 (La. Ct. App. 2002).

Opinion

823 So.2d 1093 (2002)

STATE of Louisiana, Appellee
v.
Bobby DAGGS, Appellant.

No. 36,216-KA.

Court of Appeal of Louisiana, Second Circuit.

August 14, 2002.

*1095 Louisiana Appellate Project, by Edward K. Bauman, Lake Charles, for Appellant.

Richard Ieyoub, Attorney General, Jerry L. Jones, District Attorney, Cynthia P. Lavespere, Assistant District Attorney, for Appellee.

Before STEWART, CARAWAY and DREW, JJ.

DREW, J.

Defendant appeals his conviction, claiming insufficiency of the evidence; he appeals his sentence, claiming excessiveness. We affirm both.

Defendant was tried twice for possession of a firearm by a convicted felon, La. R.S. 14:95.1, and also for possession of cocaine, La. R.S. 40:967. His first trial on these two charges ended with a deadlocked jury.

The second time the defendant went to trial on these same charges, he was convicted of the responsive verdicts of attempted possession of a Schedule II drug (cocaine) and attempted possession of a firearm by a convicted felon. La. R.S. 14:27; La. R.S. 40:967; La. R.S. 14:95.1. The trial court sentenced him to seven and one half years at hard labor without benefits on the firearm charge and two years on the drug charge, to run consecutively.

FACTS

On April 11, 2000, at approximately 11:00 p.m., Officer Michael J. Fendall, Monroe Police Department, was on patrol when, according to his testimony:

• he saw the defendant standing on the corner of South 25th and Maddox Streets;
• he turned on his high beams and approached the defendant, who began to turn away from him;
• the defendant dropped a stick-like object and what looked like small pieces of paper, and began to walk away from Officer Fendall, who exited his vehicle and asked the defendant to walk toward him;
• the officer had the defendant place his hands on the vehicle;
*1096 • the officer looked at the spot where the defendant had been standing and saw on the ground a shotgun fitting the general description of the stick-like object seen falling to the ground from the hands of the defendant;
• no other stick-like objects were found where the defendant had been standing;
• once backup arrived, the officer retrieved the gun and also found a small tubular metal pipe, commonly referred to as a crack pipe, where the defendant had been standing;
• the officer also found a wooden twig, which the officer described as a push rod, in the defendant's front pocket;
• after being advised of his Miranda rights, the defendant waived them, admitting having just received the gun from some juveniles in the neighborhood; and
• the defendant then confessed to smoking crack cocaine for several years.

Susan Rutledge was received as an expert in forensic chemistry. She analyzed the metal pipe found by Officer Fendall and determined that it contained cocaine. Rutledge further testified that she did not test the wooden twig because push rods usually do not have enough residue to perform the analysis.

Allen Freeman, Jr., testified that:

• the defendant (a mechanic) worked on a car at Freeman's home on April 11, 2000, arriving between 7:00 p.m. and 8:00 p.m., and leaving between 11:00 p.m. and midnight;
• the defendant lived about a half mile away from Freeman;
• he did not see the defendant with anything incriminating; and,
• on cross, that he (Freeman) was not at the scene of the arrest.

The defendant testified that:

• he started using drugs when was 22;
• he was a recovering alcoholic and addict, but had been clean for two years;
• he went to LSU Medical Center on April 11, 2000, to get treatment for some injuries, returning to Monroe about 7:30 or 8:00 p.m., stopping by his grandmother's house before going to Freeman's house to work on a car;
• he is a certified auto mechanic;
• he left Freeman's house at approximately 10:30 or 11:00 p.m. and started walking to his sister's house, encountering Dexter Bouie and Larry Stanley along the way;
• After speaking with the two gentlemen, he continued walking toward his sister's house;
• he got to within 30 yards of his sister's house, at which juncture he saw the flashing blue lights of a police car;
• he turned around, was instructed by the officer to put everything he had on the hood of the officer's car, to which demand, he complied;
• the officer shined a light in the grassy lot near the corner and retrieved what the defendant thought was a stick; and
• the officer placed him under arrest for carrying a concealed weapon.

The defendant further testified that he:

• did not have a gun or a metal pipe;
• told the officer that the gun could have come from any kid in the neighborhood;
• denied that he told Officer Fendall that he received the gun from some juveniles in the neighborhood or that he had been smoking crack for years; and
• did not drop anything on the ground.

*1097 DISCUSSION

Defendant first alleged on appeal that there was insufficient evidence by which to sustain the convictions. The law as to sufficiency of the evidence is clear.[1]

To support a conviction of possession of a firearm by a convicted felon, the state must prove: (1) the possession of a firearm; (2) a previous conviction of an enumerated felony; (3) absence of the ten-year statutory period of limitation; and, (4) general intent to commit the offense. La. R.S. 14:95.1; State v. Husband, 437 So.2d 269 (La.1983); State v. Tatum, 27,301 (La.App.2d Cir.9/27/95), 661 So.2d 657.

Officer Fendall testified that he saw the defendant drop a stick-like object. Officer Fendall further testified that he found a shotgun in the area where the defendant was standing that matched the description of the stick-like object he had seen. Moreover, Officer Fendall testified that the defendant admitted that he received the gun from some juveniles in the neighborhood. The defendant stipulated that he was convicted of attempted distribution of cocaine within the ten-year statutory period of limitation. Thus, the evidence, viewed in the light most favorable to the prosecution, supports a verdict for possession of a firearm by a convicted felon. The defendant was charged with possession of cocaine and possession of a firearm by a convicted felon and the jury returned verdicts for attempted possession of cocaine and attempted possession of a firearm by a convicted felon. Accordingly, the responsive verdict rendered by the jury for attempted possession of a firearm by a convicted felon must be upheld.

To support a conviction for possession of a controlled dangerous substance, the state must prove that the defendant was in possession of the illegal drug and that he knowingly or intentionally possessed the drug. State v. Matthews, 552 So.2d 590 (La.App. 2d Cir.1989), writ denied, 559 So.2d 137 (La.1990); State v. Chambers, 563 So.2d 579 (La.App. 4th Cir. 1990).

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Cite This Page — Counsel Stack

Bluebook (online)
823 So. 2d 1093, 2002 WL 1842899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daggs-lactapp-2002.