State v. Farmer

497 So. 2d 777, 1986 La. App. LEXIS 8076
CourtLouisiana Court of Appeal
DecidedNovember 5, 1986
DocketNo. CR85-1200
StatusPublished
Cited by5 cases

This text of 497 So. 2d 777 (State v. Farmer) 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. Farmer, 497 So. 2d 777, 1986 La. App. LEXIS 8076 (La. Ct. App. 1986).

Opinion

KNOLL, Judge.

Defendant was indicted by the Iberia Parish grand jury for conspiracy to possess more than 10,000 pounds of marijuana between June 5, 1984, and July 27, 1984, and the attempted possession of more than 10,-000 pounds of marijuana on July 27, 1984, both violations of LSA-R.S. 40:979. Defendant was convicted on both counts (joined in the same indictment) by a unanimous jury of twelve. After a pre-sentence investigation, the sentencing judge ordered defendant to serve twelve and one-half years at hard labor without benefit of parole, probation or suspension of sentence and a $100,000 fine on the conspiracy conviction; on the attempt charge defendant was sentenced to serve twelve and one-half years at hard labor and a $100,000 fine; the sentences to run consecutive and an additional year at hard labor was imposed on each count in default of payment of the fines. Defendant argues that the trial court erred in: (1) its failure to determine that the evidence on each count of the indictment was insufficient to sustain convictions; (2) its denial of defendant’s motion for a new trial; (3) overruling defense counsel’s objection to the State’s misrepresentation of defendant’s prior criminal conduct and in admitting into evidence testimony of defendant’s alleged prior criminal conduct over objection of defense counsel; (4) imposing a sentence which is both constitutionally excessive and violative of LSA-C.Cr.P. Art. 894.1; (5) determining that LSA-R.S. 40:979 required minimum sentences for attempt and conspiracy; (6) its misstatement of the responsive verdicts to the crime of conspiracy to possess more than 10,000 pounds of marijuana; (7) denying the motion to recuse the trial judge; (8) denying the motion to quash the indictment; and (9) denying the motion for mistrial. We affirm.

[780]*780FACTS

In May of 1984 the Sheriff of Iberia Parish requested the help of several police officers from neighboring parishes and the state police to investigate drug traffic in Iberia Parish. Out-of-town police officers were used to avoid recognition by local drug traffickers.

The undercover agents first met Chester “Brock” Hayes, a street distributor of drugs, on May 12, 1984, at the Dixieland Lounge. The agents let Brock know that they wanted to purchase drugs, especially cocaine. Because Brock appeared to have knowledge of drug dealings in Iberia Parish, over the next few weeks the agents developed a close relationship with him by purchasing him food and drinks. Eventually they led Brock to believe that they were importers of large scale quantities of marijuana through a fictitious boating and trucking operation. In connection with their activities the agents wanted Brock to locate someone who could store smuggled marijuana. At this point no one was the particular target of their investigation.

On June 5, 1984, when Brock learned from the agents that they were planning to smuggle approximately 40,000 pounds of marijuana into Iberia Parish, he became excited and brought the agents to defendant, his friend, at the Pot Luck Ranch. There is disputed testimony that defendant was either intoxicated or hung over at this meeting; nonetheless, it is undisputed that defendant was awakened at approximately 8 p.m. to talk to Brock and the agents. Brock introduced the undercover agents as drug traffickers who needed help smuggling 40,000 pounds of marijuana into Iberia Parish. The agents needed a docking site, security, assistance off-loading the marijuana, transportation, and storage facilities for the contraband. Defendant let the agents know that he had previous experience smuggling large loads of marijuana. It was agreed they would all work together. A follow-up meeting was scheduled for June 8,1984, but defendant failed to attend under the pretense of having to attend a meeting with the Louisiana Racing Commission in New Orleans.

On June 9, 1984, Brock responded to a telephone call from the undercover agents by setting up a meeting at his office in New Iberia. When the agents arrived they saw that defendant was also waiting in Brock’s office. Defendant, Brock and the agents left in the agents’ car seeking possible docking sites which defendant pointed out. Five possible sites were viewed and critiqued. Shortly thereafter, on June 16, 1984, defendant arranged a meeting with the agents at a restaurant near the Pot Luck Ranch. There defendant informed the agents that he secured the use of a vacant oil company dock for their operation, and that he was attempting to locate a back-up unloading site. The agents discussed that defendant could expect $40,-000-$50,000 to store the smuggled marijuana. Defendant’s compensation for unloading the marijuana was discussed as $25-30 per pound, i.e., between $1 million and $1.2 million. At the close of the meeting the agents told defendant that they would contact him when an exact date was set for the operation. For the next six weeks there was no contact between defendant and the agents.

The next transaction occurred on July 27, 1984, just past midnight, where the undercover agents went to the defendant at the Pot Luck Ranch and asked him if he could temporarily store 200 bales of marijuana for them. Defendant agreed to provide a storage facility in exchange for $20,000 (of which $10,000 would be paid as a down payment and he would retain a bale of marijuana as security for the remainder). The agents then went to the Acadiana Regional Airport where a rental truck was loaded with the marijuana. Approximately 30 minutes later the agents returned to defendant’s ranch followed by the rental truck filled with approximately 100 bales of marijuana borrowed from the Drug Enforcement Agency. On their return to the ranch they found defendant waiting with his brother, Dwight, and a neighbor, Carl Romero.

[781]*781One of the undercover agents gave defendant a bag with the payment (actually $7500) which defendant stuck under his arm. Defendant then directed the rental truck to the back of a shed where it could be off-loaded through a window out of view from the main road. Defendant instructed the agents to give his security bale of marijuana to his brother, and he and his brother removed a screen from the window through which they wanted to pass the marijuana.

As the back of the rental truck was opened, someone yelled “Police”. Reinforcement police officers drove up, and at that point defendant and his brother fled into an adjacent field. Eventually defendant and his brother were flushed from the field and arrested. Defendant, after being thoroughly advised of his constitutional rights, was taken to police headquarters for questioning. Shortly thereafter defendant said to Sheriff Errol Romero, “You finally got me. I’ll do anything for a dime.”

SUFFICIENCY OF EVIDENCE

Defendant contends that there was insufficient evidence to support convictions for the indicted offenses, and particularly that the State failed to rebut the defense of entrapment.

Count one of the indictment against defendant is a charge of conspiracy to possess more than 10,000 pounds of marijuana between June 5, 1984, and July 27, 1984.

LSA-R.S. 14:26(A) defines conspiracy in pertinent part as follows:

“A. Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination. ”

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Related

State v. Grace
61 So. 3d 812 (Louisiana Court of Appeal, 2011)
State of Louisiana v. Charles Edward Grace
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State v. Colbert
615 So. 2d 32 (Louisiana Court of Appeal, 1993)
State v. Jones
525 So. 2d 1149 (Louisiana Court of Appeal, 1988)
State v. Hebert
507 So. 2d 311 (Louisiana Court of Appeal, 1987)
State v. Farmer
503 So. 2d 469 (Supreme Court of Louisiana, 1987)

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Bluebook (online)
497 So. 2d 777, 1986 La. App. LEXIS 8076, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-farmer-lactapp-1986.