State v. Dupleche

823 So. 2d 1018, 2002 La.App. 4 Cir. 0249, 2002 La. App. LEXIS 2440, 2002 WL 1737508
CourtLouisiana Court of Appeal
DecidedJuly 17, 2002
DocketNo. 2002-KA-0249
StatusPublished

This text of 823 So. 2d 1018 (State v. Dupleche) 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. Dupleche, 823 So. 2d 1018, 2002 La.App. 4 Cir. 0249, 2002 La. App. LEXIS 2440, 2002 WL 1737508 (La. Ct. App. 2002).

Opinion

JACHARLES R. JONES, Judge.

The Defendant, Tyrone Dupleche, appeals his conviction and sentence for possession of heroin. Following a review of the record, we affirm.

Dupleche was indicted by the Orleans Parish grand jury on March 3, 1999, for possession with the intent to distribute heroin, a violation of La. R.S. 40:966(A)(1). At his arraignment, he was appointed counsel and entered a plea of not guilty. However, Dupleche subsequently retained another attorney who filed discovery motions.

Following an evidentiary hearing, the district court denied Dupleche’s Motion to Suppress Evidence. Dupleche was tried by a twelve-member jury, which found him guilty of possession of heroin, a lesser responsive verdict. On November 17, 2001, the State filed a multiple bill charging him as a second felony offender.

When Dupleche appeared for sentencing, he entered a plea of guilty as charged to the multiple bill, waived all legal delays and the district court sentenced him to serve five years at hard labor without benefit of probation or suspension of sentence, with credit for time served. This timely appeal follows.

|?On January 7, 1999 at 5:00 p.m., Officers Travis McCabe, Michael Crawford and Warren Keller, who are members of the New Orleans Police Department (hereinafter “NOPD”) Special Operations Division, Tactical Unit, were on proactive patrol in a marked police unit, when they stopped for traffic at the intersection of A.P. “Touro”1 and Tonti Streets. While stopped at the intersection, Officers McCabe and Crawford noticed two individuals, later identified as Tyrone Dupleche and Wallace Smith, standing on the side of the street by an older model General Motors vehicle. The events occurring after this moment are in serious dispute by the parties.

According to Dupleche, he was on A.P. Touro Street because he was dropping off Smith at Smith’s grandmother’s residence, located at 2301/6 A.P. Touro Street. Upon arriving, Dupleche stood outside for approximately five minutes talking to Smith and a man named Lewis Charles. Charles lived in the same building as Smith’s grandmother.

[1020]*1020As Smith and Charles began to walk toward the residence, Dupleche contends that he saw a police patrol car at the intersection, and as both men were entering the residence, three NOPD officers jumped out of their patrol car. Subsequently, one officer grabbed him as he was near the building entrance at the time, while the other officers pursued Charles and Smith into the hallway of the building. Later, Smith was brought out of the building in handcuffs.

Dupleche contends the police officers questioned him about certain people selling drugs in the neighborhood. After Du-pleche responded that he did not know the people they were inquiring about, he was handcuffed, patted down and placed |3m the back of the police car. The police then began searching the area and later questioned Smith. Smith was released after the interrogation

Dupleche further argues that the officers transported him to the police station near City Park and the Bayou. There the officers told him that he would be released if he consented to help them conduct a drug buy. He refused their request, and Officer Keller told the other two officers that Dupleche should be released since no contraband was found on him.2 Dupleche reports that the other two officers insisted that he be taken to Central Lockup for refusing to help with the drug buy.

Officers McCabe and Crawford testified to a different version of the events leading to the arrest of Dupleche. The officers testified that upon arriving at the intersection of A.P. Touro and Tonti Streets, they saw Dupleche standing on the curb and leaning into an old gray Oldsmobile through the opened driver’s door. The car was parked on the wrong side of the street. Smith was leaning against the rear of the car on the driver’s side. Officer McCabe initiated the investigation because he perceived that Dupleche was tampering with the steering column of the Oldsmobile, while Smith was standing as a lookout.

Officer McCabe contends that Smith first noticed the presence of the police officers and that he moved toward Du-pleche as if he were warning him. Officer McCabe became suspicious of Smith and Dupleche because the area they were in was notorious for narcotics trafficking and stolen vehicles. Additionally, Officer McCabe observed Smith walk at a fast pace away from the car toward the residence building, in front of which the Oldsmobile was parked. Officer Crawford j^also contends that Smith walked at a fast pace toward the building. Both officers witnessed Dupleche peer at them over the hood of the Oldsmobile before reaching into the vehicle to grab an unknown object. Officers McCabe and Crawford observed that Dupleche had a clenched fist when he walked away from the vehicle, but neither saw an object in Dupleche’s hand.

Further, the officers witnessed Dupleche walking into the building behind Smith. The three officers could not tell whether the Oldsmobile was being burglarized or stolen, so they decided to investigate. Officer McCabe testified that they agreed to go in and detain Smith and Dupleche to ascertain whether they were trying to steal or burglarize the car. After making their decision to stop, the officers parked their car at the rear of the Oldsmobile before exiting and walking to the entrance of the building.

Since the building was open for public entry, the officers entered the hallway of the building. Dupleche and Smith proceeded up the stairwell to the apartment of [1021]*1021one of the residents, who was later identified as Lewis Charles, where Smith began banging on the door. Officer McCabe was familiar with this apartment building because he had previously executed an arrest warrant for Charles at this location. .

Upon arriving upstairs, Officer Crawford ordered the men to show their hands as Officer McCabe held his flashlight on them. As Dupleche turned to face the officers to put his hands up, he dropped an object on the steps. Officer McCabe then grabbed and handcuffed Dupleche as Officer Crawford retrieved the object. Officer Keller handcuffed Smith. The object was a plastic bag containing 60 small foils of a substance they believed to be heroin— having a value of about ten to twenty dollars per foil. The Crime Lab of the police department later confirmed that the bag contained heroin, but did not check the bag for fingerprints.

|5Officer McCabe testified that Dupleche was arrested and advised of his rights. Twenty-six dollars was recovered from Du-pleche after he was searched. Officer McCabe, when patting down Smith, felt that he had a large sum of money on him, but did not count it since he was not being arrested.

After Dupleche was arrested, he was placed into the patrol car. Charles and his mother came downstairs to talk to the officers outside the building; however, they were advised to return to their apartment and not to interfere with the investigation. Afterwards, Dupleche was taken to the Tactical Unit Office in the Special Operations Division building on Bayou St. John where, Officer McCabe testified that Dupleche was asked to become a confidential informant, a person who arranges to buy from a drug dealer. Dupleche refused to cooperate. Officer Crawford testified that he did not recall that an offer was made to have Dupleche become a confidential informant. The officers further testified that they later learned that the Oldsmobile was not stolen.

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Bluebook (online)
823 So. 2d 1018, 2002 La.App. 4 Cir. 0249, 2002 La. App. LEXIS 2440, 2002 WL 1737508, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dupleche-lactapp-2002.