State v. Douglas

707 So. 2d 512, 1998 WL 79028
CourtLouisiana Court of Appeal
DecidedFebruary 25, 1998
Docket30393-KA
StatusPublished
Cited by8 cases

This text of 707 So. 2d 512 (State v. Douglas) 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. Douglas, 707 So. 2d 512, 1998 WL 79028 (La. Ct. App. 1998).

Opinion

707 So.2d 512 (1998)

STATE of Louisiana, Appellee,
v.
Reginald DOUGLAS, Appellant.

No. 30393-KA.

Court of Appeal of Louisiana, Second Circuit.

February 25, 1998.

*513 John M. Lawrence, Shreveport, for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, Joe Gregorio, Assistant District Attorney, for Appellee.

Before NORRIS, STEWART and CARAWAY, JJ.

CARAWAY, Judge.

After a jury trial, defendant was convicted of possession of Schedule II drugs (cocaine) with intent to distribute, a violation of La. R.S. 40:967(A). The court sentenced the defendant to serve five years imprisonment at hard labor. Defendant now appeals, urging six assignments of error. Because we find that the evidence presented by the state was insufficient to demonstrate defendant's constructive possession of the cocaine found in a residence occupied by other persons, we reverse the conviction and vacate the sentence.

Facts

On January 20, 1994, the Bossier City Police Department (BCPD) obtained a search warrant for the residence of Steven Ray Jones and a woman believed to be his sister at the address of 519½ Yarborough Street in Bossier City. At about 1:30 a.m. on January 21, 1994, the BCPD SWAT team entered the residence and handcuffed two persons, Reginald Douglas and Melinda Jones. Jones was eight months pregnant at the time. After the SWAT officers made the arrest of defendant and Jones, five BCPD narcotics officers entered the home.

The officers began to search the two bedroom residence. Between the mattress and the headboard of the bed in the northeast bedroom where Jones was apparently sleeping, the officers found a potato chip bag containing 189 individually packaged rocks of crack cocaine. They also found two 9 mm pistols. In a dresser drawer, the officers found a checking account deposit slip and insurance papers, both in the name of Melinda Jones. Other items in this bedroom included men's and women's clothing and baby care items.

Officers described the other bedroom, the northwest bedroom, as a storage room. In this room, which contained no bed, officers found tires, new baby clothes, and "a bunch of men's clothes." In the corner of the top shelf of the closet, officers found Reginald Douglas's driver's license. A .32 ACP pistol was sitting next to this license. Hanging in *514 the closet was a purple shirt containing five rocks of crack cocaine and $50 in cash.

Both Douglas and Jones were arrested and charged with possession of cocaine with intent to distribute. Sergeant Ed Wolfe of the Bossier Police testified that he continued surveillance of the residence after the arrests until January 24, 1994, and saw Ms. Jones coming and going from the home. He also confirmed that Stephen Jones lived at the house and that personal data identifying Stephen Jones was found in the search. There was no evidence by the state that the defendant had lived in the house prior to his arrest or had returned to the residence thereafter.

The defendant and Jones were tried together before a jury. The defendant, along with Jones's sister, Miranda McCall, testified that the Yarborough St. house belonged to Stephen Jones (the brother of Ms. Jones and McCall) and that Stephen Jones was in jail on drug charges at the time of the trial. McCall testified that Stephen Jones was out of town at the time of this incident. McCall also testified that the defendant and Mr. Jones were "casual friends" and that she did not know if the defendant knew Ms. Jones.

The defendant testified that he had spent the evening of January 20th at a music concert and, at the request of Stephen Jones, had gone to the Yarborough St. home to check on Ms. Jones after the concert was over. The defendant said that he ordinarily stayed with his mother at a nearby residence on Hamilton Rd. in Bossier City. The defendant testified that he was talking on the phone in the front room of the residence when the SWAT team broke in and arrested him. The defendant testified that he did not know that there were drugs in the house. The defendant testified that he had lost his driver's license some weeks before this incident, and he was not surprised that his license was in the Yarborough St. home because he had been to various parties there in the past.

No member of the SWAT team testified, and there was no evidence (apart from the defendant's testimony) of the location of the defendant in the home when the SWAT team broke in. There was also no evidence regarding the defendant's clothing, that is, whether or not he was wearing a shirt, so as to implicate the purple shirt as his shirt at the time of the arrest.

Discussion

The defendant has raised several trial errors as well as alleging that the evidence was insufficient to support a guilty verdict, contending that the state failed to prove beyond a reasonable doubt that he had any connection to or even knew of the drugs in the Yarborough St. house.[1]

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard of appellate review for a sufficiency of evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. State v. Beason, 26,725 (La.App.2d Cir. 4/7/95), 653 So.2d 1274; State v. Bellamy, 599 So.2d 326 (La.App. 2d Cir.1992), writ denied, 605 So.2d 1089 (La.1992).

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that defendant was guilty of every essential element of the crime. State v. Beason 26,725 (La.App.2d Cir. 4/7/95), 653 So.2d 1274; State v. Sutton, 436 So.2d 471 (La. 1983); State v. Lott, 535 So.2d 963 (La.App. 2d Cir.1988).

*515 For circumstantial evidence to convict, upon assuming every fact to be proved that the evidence tends to prove, it must exclude every reasonable hypothesis of innocence. La. R.S. 15:438. Our supreme court has said:

When a case involves circumstantial evidence, and the jury reasonably rejects the hypothesis of innocence presented by the defendant's own testimony, the hypothesis falls, and the defendant is guilty unless there is another hypothesis which raises a reasonable doubt. An evaluation of the reasonableness of other hypotheses of innocence provides a helpful methodology for determining the existence of a reasonable doubt. As we have recognized in such cases as State v. Wright, 445 So.2d 1198 (La.1984), State v. Graham, 422 So.2d 123 (La.1982), and State v. Sutton, 436 So.2d 471 (La.1983), the court does not determine whether another possible hypothesis has been suggested by defendant which could explain the events in an exculpatory fashion.

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Cite This Page — Counsel Stack

Bluebook (online)
707 So. 2d 512, 1998 WL 79028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-douglas-lactapp-1998.