State v. Dorsey

763 So. 2d 21, 2000 WL 675957
CourtLouisiana Court of Appeal
DecidedApril 19, 2000
Docket99-KA-1819
StatusPublished
Cited by3 cases

This text of 763 So. 2d 21 (State v. Dorsey) 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. Dorsey, 763 So. 2d 21, 2000 WL 675957 (La. Ct. App. 2000).

Opinion

763 So.2d 21 (2000)

STATE of Louisiana
v.
Fairada F. DORSEY.

No. 99-KA-1819.

Court of Appeal of Louisiana, Fourth Circuit.

April 19, 2000.

*22 Harry F. Connick, District Attorney, Susan Erlanger Talbot, Assistant District Attorney, New Orleans, Louisiana, Counsel For Plaintiff/Appellee.

Sherry Watters, Louisiana Appellate Project, New Orleans, Louisiana, Counsel For Defendant/Appellant.

(Court composed of Chief Judge ROBERT J. KLEES, Judge STEVEN R. PLOTKIN, Judge MICHAEL E. KIRBY).

KIRBY, Judge.

STATEMENT OF THE CASE

Defendant Fairada F. Dorsey was charged by bill of information on August 28, 1998 with possession of cocaine, a violation of La. R.S. 40:967(C). Defendant pleaded not guilty at his September 2, 1998 arraignment. The trial court found *23 probable cause and denied defendant's motion to suppress the evidence on September 9, 1998. Defendant was found guilty as charged on September 16, 1998, following trial by a six-person jury. On November 16, 1998, the trial court sentenced defendant to five years at hard labor. After the State filed a habitual offender bill of information, defendant admitted that he was the same person previously convicted; the trial court adjudicated defendant a second-felony habitual offender, vacated the original sentence, and again sentenced him to five years at hard labor, with credit for time served. The court filed a motion to reconsider sentence on defendant's behalf, apparently holding its ruling in abeyance pending defendant's participation in the Orleans Parish Sheriff's "About Face" program. The trial court granted defendant's motion for appeal.

FACTS

New Orleans Police Department Criminalist Karen Lewis Holmes was qualified by stipulation as an expert in the testing and identification of controlled dangerous substances. She identified as evidence some rock-like substances under a particular item number, and stated that they tested positive for the presence of cocaine.

New Orleans Police Officer Patrick Joseph testified that on July 30, 1998 he participated in the surveillance of an individual suspected of selling drugs at 1323 St. Philip Street. Officer Joseph observed defendant and another individual in a vehicle stop and park just past 1323 St. Philip Street. Defendant exited the vehicle, while the passenger remained inside. Defendant spoke with the suspected seller, who was standing on the sidewalk a few feet from the car. Shortly thereafter, the suspected seller went down an alley of 1323 St. Philip Street, returning a few seconds later. Defendant handed the seller what the officer believed was currency, and the seller handed defendant something small. Defendant got back into his vehicle and drove off. Officer Joseph radioed a description to support units, and defendant was apprehended. Officer Joseph said he later confirmed defendant's identity as the person he had seen engage in the transaction with the suspected drug seller. On cross examination, Officer Joseph admitted that he could not tell what the seller had handed to defendant because it was too small. He said that officers had made two or three arrests of buyers prior to defendant, and that the seller had made many sales, but that officers were not able to arrest all of the buyers because of limited manpower.

New Orleans Police Officer William Ceravolo testified that police became involved in the investigation after receiving information from a confidential informant about illegal narcotics trafficking in the 1300 block of St. Philip Street. He participated in the arrest of defendant on July 30, 1998, after Officer Joseph radioed him defendant's description and alerted him to the direction in which defendant was traveling. Officer Ceravolo said defendant was stopped within three to five minutes at the intersection of Esplanade Avenue and North Galvez Street. He ordered defendant out of the vehicle, placed him under arrest for possession of a controlled dangerous substance, and searched him, finding a clear piece of plastic containing two rock-like substances. He said he also arrested defendant's passenger, a Mr. Felton. Officer Ceravolo stated on cross examination that he was not effecting a stop of defendant, but an arrest. He stated that the surveillance had been going on for several hours, and that officers had made several arrests of subjects who had purchased from the same suspected seller with whom defendant had dealt. He further elaborated, stating that he and other officers had made one prior arrest, and between the time of that arrest and defendant's arrest the seller was observed continuing to engage in what appeared to be other sales. He said paperwork was being done on the earlier arrest during this time, and no officers had been available to stop and arrest the other buyers. He said he was familiar with the location where Officer *24 Joseph had been positioned during his surveillance, and said Officer Joseph had a clear and unobstructed view of the 1300 block of St. Philip Street.

Tony Felton testified that he had a prior conviction for forgery, and had known defendant for nine months. He said he and defendant went to Victoria Dorsey's residence, and to City Hall to pick up some immunization papers. The papers were not ready, so they went to a Walgreen's drugstore, located at Elysian Fields Avenue and Rampart Street, before heading back to City Hall. Defendant turned off on St. Philip Street because traffic on Elysian Fields was bad, and pulled over to talk to a young female for about two or three minutes. He said that after they left St. Philip Street, police stopped them on Esplanade Avenue and Galvez Street.

Victoria Dorsey, defendant's grandmother, testified that defendant came to her home at 1331 Port Street at approximately one o'clock in the afternoon on July 30th. She said there is a Walgreen's drugstore eight or nine blocks from her home, and that defendant and Mr. Felton were going to that area.

Sabrina Elliot testified that she had known defendant, through his grandmother, for a "couple of days." She claimed that she was walking down the street on July 30th, when she saw defendant passing in a car and flagged him down. Ms. Elliot said defendant got out of the car; she asked him how his grandmother was doing; defendant replied that she was doing fine; and then he got back into the car and pulled off. She said she was in the area of 1323 St. Philip Street to visit her aunt. She acknowledged that there is an apartment building in the 1300 block of St. Philip Street, but denied knowing anyone named Glen Washington, or having seen a male individual out in front of the apartment building that day.

ERRORS PATENT

A review of the record for errors patent on the face of the record reveals none.

ASSIGNMENT OF ERROR

By his sole assignment of error, defendant argues that the trial court erred in denying his motion to suppress the evidence.

On trial of a motion to suppress, the State has the burden of proving the admissibility of all evidence seized without a warrant. La.C.Cr.P. art. 703(D); State v. Jones, 97-2217, p. 10 (La.App. 4 Cir. 2/24/99), 731 So.2d 389, 395, writ denied, 99-1702 (La.11/5/99), 751 So.2d 234. A trial court's ruling on a motion to suppress the evidence is entitled to great weight, because the court has the opportunity to observe the witnesses and weigh the credibility of their testimony. State v. Mims, 98-2572, p. 3 (La.App. 4 Cir. 9/22/99), 752 So.2d 192, 193-4.

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Cite This Page — Counsel Stack

Bluebook (online)
763 So. 2d 21, 2000 WL 675957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dorsey-lactapp-2000.