State v. Faggard

184 So. 3d 837, 15 La.App. 5 Cir. 585, 2016 La. App. LEXIS 35, 2016 WL 166702
CourtLouisiana Court of Appeal
DecidedJanuary 13, 2016
DocketNo. 15-KA-585
StatusPublished
Cited by11 cases

This text of 184 So. 3d 837 (State v. Faggard) 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. Faggard, 184 So. 3d 837, 15 La.App. 5 Cir. 585, 2016 La. App. LEXIS 35, 2016 WL 166702 (La. Ct. App. 2016).

Opinion

HANS J. LILJEBERG, Judge.

[ ^Defendant appeals his convictions and sentences for two counts of creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance and one count of possession of methamphetamine. For the following reasons, we affirm defendant’s convictions and sentences, and we grant appellate counsel’s motion to withdraw as counsel of record.

PROCEDURAL HISTORY

Defendant, Jefferson Faggard,1 was charged with two counts of creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance, in violation of La. R.S. 40:983, occurring on or about October 9, 2013 (count one) and November 8, 2012 (count two). He was also charged with one count of possession of methamphetamine, in violation of La. R.S. 40:967(C), occurring on February 6, 2014. He pled not guilty to all charges.

Trial commenced on March 3, 2015. After the State rested its case on March 5, 2015, defendant withdrew his not guilty [841]*841pleas and pleaded guilty to all three counts. Defendant was sentenced to 15 years imprisonment at hard labor on Rcounts one and two, and five years imprisonment at hard labor on count three, with all three sentences to run concurrently-

On that same date, the State filed a multiple offender bill of information alleging that defendant was a third felony offender. After defendant stipulated to being a third felony offender, the trial court vacated his sentence on count two and resentenced him as a multiple offender to 15 years imprisonment at hard labor, to run concurrently with his sentences in counts one and three, and with his sentences in case numbers 14-0947 and 14-317.

Thereafter, defendant filed pro se motions to appeal, in which he also requested to withdraw his -guilty pleas and to have his habitual offender stipulation and sentence vacated. The trial court granted defendant’s motion to appeal, but denied his motion to withdraw his guilty pleas.

FACTS

Although defendant pled guilty to two counts of creation or operation of a clandestine laboratory for the unlawful manufacture of a controlled dangerous substance and one count of possession of methamphetamine, he did not enter his guilty pleas until after the State rested its case at trial. During the guilty plea colloquy, the State provided that it “would rely on the Record of the trial up to this point with the sworn testimony of all its witnesses as a factual basis for this plea.”

At trial, Detective Shawn Vinson testified that in November of 2012, he became involved in an investigation of a possible “meth lab” at 2321 Justin Lane in Harvey, Louisiana. On November 8, 2012, Detective Vinson and other officers went to the residence and ran a name check on the legal occupant of the residence, Christina Wallace. Detective Vinson learned that Ms. Wallace had a traffic attachment. When Ms. Wallace arrived at the residence, she was arrested on the traffic attachment. In the doorway of the house, Detective Vinson made contact with other occupants of the residence, including defendant and his father, Jefferson UFaggard, Sr., Detective Vinson testified that from the doorway, in plain view, the officers could see components of what they believed was a “meth lab.” He further testified that there was a “chemical smell.”

Ms. Wallace signed a consent to search form, and the officers entered the residence. Detective Vinson testified that the officers recovered “precursors or ingredients to use in methamphetamine or making methamphetamine” including brake fluid, tinfoil, camping fuel, cold packs, clear plastic bags with “crystalized white substances” and “white powder residue,” and a blender containing a “white powdery substance.” He also testified that officers recovered a spoon with cotton in it and an “off-white dry liquid substance,” and some used syringes. - Detective Vinson further testified that officers discovered a clear mason jar with tubes extending from it, which he stated was commonly called a “one-pot system” used in the creation of methamphetamine,.

Christina Wallace ‘testified that in November of 2012, she lived at 2321 Justin Lane. She testified that she pled guilty to creation or operation of a clandestine laboratory in order to “get out of jail,” but she did not commit the crime. Ms. Wallace stated that she was dating defendant in November of 2012 and that they used controlled dangerous substances together, but neither of them engaged in the creation or operation of a methamphetamine lab. Although she allowed defendant, his father, Jefferson Faggard, Sr., and his mother, [842]*842Janet Hamblen, to occasionally sleep at her residence, Ms. Wallace did not see anyone engagé in the production of methamphetamine.

Pamela Cyprian, a forensic scientist, was accepted as an expert in the examination and analysis of controlled dangerous substances. Ms. Cyprian testified that she analyzed evidence recovered from Ms. Wallace’s residence and it contained a substance that she conclusively identified as methamphetamine.

InDeputy Matthew Thomas testified that on October 9, 2013, between 3:00 and 3:30 a.m., he was on patrol when he saw a suspicious man, later identified as defendant, riding a bicycle 'with several bags attached to it, including a-golf bag with several golf clubs. Deputy Thomas asked defendant to stop and talk to hirfi, and defendant complied. Defendant indicated that his name was Joshua Faggard and that his birthdate was February 23, 1978. According to Deputy Thomas, the last name, Faggard, reminded him that officers Were looking for Jefferson Faggard. He stated that he asked defendant if he knew Jefferson Faggard, and defendant replied that he was his brother. After communicating on the “N.C.I.C. channel,” everything came back clear for the name Joshua Faggard, so Deputy Thomas allowed defendant to leave. However, when he returned to his vehicle and ran the. name Jefferson Faggard with the.birthdate provided by defendant, the computer showed a photograph of defendant.

Deputy Thomas testified that he located defendant again and asked him to stop, but defendant fled, discarding his bicycle and bags in the process. A backpack connected to the bicycle began to emit smoke and a green -substance began to “ooze” out. Deputy Thomas testified that the fire department pulled items out ofthe backpack, including commercial lye, drain cleaner, a Gatorade bottle with an unknown substance, a pack of lithium batteries, and a soda bottle containing a green 'fluid and with a “hose attached to the bottle.”

Deputy Dwain Rullman testified that on February 6, 2014, at approximately 9:30 p.m. or 10:00 p,m., he responded to a 9-1-1 call regarding two suspicious individuals on Carol Sue; Avenue. Deputy Rullman saw a suspicious person, later identified- as defendant, riding a bicycle. He stated that defendant was wearing gloves, had a backpack, and was hurrying towards'-the exit gate of an apartment complex. Deputy Rullman testified that he stopped defendant, who advised him that his name was Joshua' Badeaux and provided his birth-date as August 23, 1978. |7According to Deputy Rullman, when he ran the information provided by defendant, nothing came up in the system. He attempted to detain defendant because he believed that defendant gave him a false name, but defendant pushed him and fled to an apartment.

According to Deputy Rullman, he caught up with defendant as he pounded on the apartment door.

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Cite This Page — Counsel Stack

Bluebook (online)
184 So. 3d 837, 15 La.App. 5 Cir. 585, 2016 La. App. LEXIS 35, 2016 WL 166702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-faggard-lactapp-2016.