State v. Daniels

607 So. 2d 620, 1992 WL 233145
CourtLouisiana Court of Appeal
DecidedSeptember 23, 1992
Docket23,972-KA
StatusPublished
Cited by25 cases

This text of 607 So. 2d 620 (State v. Daniels) 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. Daniels, 607 So. 2d 620, 1992 WL 233145 (La. Ct. App. 1992).

Opinion

607 So.2d 620 (1992)

STATE of Louisiana, Appellee,
v.
Randy L. DANIELS, Appellant.

No. 23,972-KA.

Court of Appeal of Louisiana, Second Circuit.

September 23, 1992.

*622 Jones & Smith by Benjamin Jones, Monroe, for appellant.

Jerry L. Jones, Dist. Atty., H. Stephens Winters, Asst. Dist. Atty., Monroe, for appellee.

Before MARVIN, HIGHTOWER and STEWART, JJ.

STEWART, Judge.

Defendant, Randy L. Daniels, was convicted by jury of one count of conspiracy to distribute cocaine (LSA-R.S. 14:26 and 40:967) and one count of distribution of cocaine (LSA-R.S. 40:967). The trial court granted defendant's motion for post-verdict judgment of acquittal on the conspiracy conviction, and sentenced defendant to 15 years at hard labor on the distribution conviction.

The state challenges the judgment of acquittal on the conspiracy conviction. Defendant appeals his conviction and sentence for distribution of cocaine, alleging insufficiency of the evidence and excessiveness of his sentence. We affirm the distribution conviction and sentence, reverse the judgment of acquittal, reinstate the jury conviction, and remand for sentencing on the conspiracy conviction.

FACTS

On October 29, 1990 Metro Narcotics Agents James Keys and Don Chase met with Monroe Police Officer Mike Wilson to prepare for an undercover cocaine purchase at the Parkview Apartments in Monroe. The agents wired the undercover officer; that is, they outfitted him with a radio transmitter which broadcast whatever was said in the vicinity of the officer. The agents then proceeded to an area around the apartments, but testified they were unable to get close for fear of being "made," or identified as police officers. Such a discovery would have seriously compromised the undercover operation. Unfortunately, because the agents were unable to get close to the complex, the radio transmitter lacked sufficient range to transmit a clear signal. Unknown to the undercover team, practically all of the transmissions were completely garbled.

After getting the wire, Wilson and a "cooperating individual" or CI, met and went to the apartment complex. The pair parked near the washateria. Shortly, an unidentified man approached the passenger side of their vehicle and asked the CI if he was looking for anything. The CI asked this man if "Tyrone" was in the area. Upon receiving a negative answer, Wilson started the vehicle to leave. However, before the undercover team exited the complex, Detective Chase instructed Officer Wilson via police radio to attempt the purchase of cocaine from another individual in the area.

Wilson and the CI circled and returned to the same parking spot. Again, they were approached by the same individual. The CI asked the man if Randy Daniels, also known as "Meat," was in the area. These two proceeded across the street where they met and spoke with Daniels. After some time, the man signaled to Officer Wilson to join the group.

Upon his arrival, Wilson stood directly in front of defendant and stated that he wanted a "fifty," meaning a $50 piece of crack cocaine. Defendant retrieved a small medicine bottle from his pocket and shook out two pieces of rock cocaine into the unidentified man's hand. Wilson selected one piece, field tested it with a lighter and then handed over $50 cash to the unidentified man, who immediately transferred the cash into the defendant's hands.

Defendant was charged by bill of indictment with distribution of cocaine and conspiracy to distribute cocaine. The unknown man remained unidentified and was never charged or arrested. After a jury trial, defendant was found guilty as charged of both counts. The trial judge later granted a motion for post-verdict judgment of acquittal on the conspiracy charge based upon insufficiency of evidence as to that charge.

DISCUSSION

State's Sufficiency of the Evidence Assignment

The state complains that the trial judge should not have granted the defense motion *623 for post-verdict judgment of acquittal. In reviewing the sufficiency of the evidence to support a conviction, this court must determine whether a rational trier of fact, viewing the evidence in the light most favorable to the prosecution, could have found that the state proved that the defendant committed acts necessary to constitute every element of conspiracy beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Nealy, 450 So.2d 634 (La. 1984); State v. Doby, 540 So.2d 1008 (La. App.2d Cir.), writ denied, 544 So.2d 398 (La.1989).

A criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing a crime, where at least one of the conspirators does any act in furtherance of the scheme. LSA-R.S. 14:26.

The clear purpose of LSA-R.S. 14:26 is to criminalize the conduct of two or more persons who intend a criminal act and as a result of that intention—manifested as an agreement or combination—one of these does something in furtherance of the intended criminal act.

State v. Joles, 485 So.2d 212, 214 (La. App.2d Cir.1986). A prima facie case of conspiracy is presented by introduction of evidence which, if unrebutted, is sufficient to establish the fact of conspiracy. State v. Guillory, 544 So.2d 643, 652 (La.App. 3d Cir.), writ denied, 551 So.2d 1334 (La.1989); State v. Johnson, 438 So.2d 1091 (La.1983).

The elements of conspiracy may be proven by direct or circumstantial evidence. State v. Perez, 569 So.2d 609, 613 (La.App.2d Cir.1990), writ denied 575 So.2d 365 (La.1991); State v. Brown, 398 So.2d 1381 (La.1981). Assuming every fact to be proved that the evidence tends to prove, the evidence must exclude every reasonable hypothesis of innocence in order to convict by circumstantial evidence alone. LSA-R.S. 15:438. Whether circumstantial evidence excludes every reasonable hypothesis of innocence presents a question of law. State v. Shapiro, 431 So.2d 372 (La. 1982); State v. Hammontree, 363 So.2d 1364 (La.1978).

Circumstantial evidence is defined as evidence of facts or circumstances from which one might infer or conclude the existence of other connected facts. Circumstantial evidence consists of proof of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience. State v. Austin, 399 So.2d 158 (La.1981).

The circumstantial evidence rule of LSA-R.S. 15:438 does not establish a stricter standard of review than the more general Jackson v. Virginia formula, but a hypothesis of innocence that is sufficiently reasonable and sufficiently strong must necessarily lead a rational fact finder to entertain a reasonable doubt about guilt. State v. Sutton, 436 So.2d 471 (La.1983); State v. Lott, 535 So.2d 963 (La.App.2d Cir.1988).

In its Per Curiam, the trial court explained that the state's case contained insufficient evidence of conspiracy to sustain the conviction. The trial judge correctly observed that Officer Wilson testified that defendant did not speak in his presence. Neither the officer nor any other witness testified as to what was said in the conversation among the CI, the unidentified man, and the defendant. In short, the judge concluded there is insufficient proof of an agreement between defendant and the unidentified man, because the criminal act cannot constitute proof of the agreement.

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Cite This Page — Counsel Stack

Bluebook (online)
607 So. 2d 620, 1992 WL 233145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-daniels-lactapp-1992.