State v. Francis

727 So. 2d 1235, 1999 WL 31219
CourtLouisiana Court of Appeal
DecidedJanuary 26, 1999
Docket98-KA-811
StatusPublished
Cited by23 cases

This text of 727 So. 2d 1235 (State v. Francis) 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. Francis, 727 So. 2d 1235, 1999 WL 31219 (La. Ct. App. 1999).

Opinion

727 So.2d 1235 (1999)

STATE of Louisiana
v.
Carlous FRANCIS.

No. 98-KA-811.

Court of Appeal of Louisiana, Fifth Circuit.

January 26, 1999.

*1236 Paul D. Connick, Jr., District Attorney, Terry ML Boudreaux, Assistant D.A., Alison Wallis, Frank Brindisi, Gretna, LA, for Plaintiff-Appellee.

Laurie A. White, Louisiana Appellate Project, New Orleans, LA, for Defendant-Appellant.

Panel composed of Judges CHARLES GRISBAUM, Jr. EDWARD A. DUFRESNE, Jr. and SUSAN M. CHEHARDY.

DUFRESNE, Judge.

The Jefferson Parish District Attorney filed a bill of information charging the defendant, Carlous R. Francis, with distribution of cocaine, in violation of LSA-R.S. 40:967(A). The matter proceeded to trial before a twelve person jury, at the conclusion of which the defendant was found guilty as charged. The trial judge sentenced the defendant to serve twenty-five (25) years imprisonment at hard labor.

The state subsequently filed a bill of information seeking to have the defendant adjudicated a second felony offender, pursuant to LSA-R.S. 15:529.1. After the defendant admitted the allegations contained in the multiple offender bill, the trial judge vacated the original sentence and imposed an enhanced sentence of thirty years imprisonment at hard labor. The defendant now appeals.

*1237 FACTS

On July 28, 1997, Jefferson Parish Sheriff's Officers Crossen, Blankenship and Davis conducted an undercover narcotics investigation in Avondale. Officer Davis drove an unmarked police car, while Officers Crossen and Blankenship drove a second unmarked police car. Officer Davis' testimony established that he purchased one rock of crack cocaine from the defendant for twenty dollars ($20.00). During the trial, Officer Davis identified the defendant as the person who sold him cocaine on July 28, 1997. Although Officers Crossen and Blankenship were unable to see the drug transaction, they were able to hear the drug transaction because Officer Davis' vehicle was equipped with a concealed transmitter. Officer Davis' vehicle was also equipped with a concealed video camera.

Following the transaction, Officer Davis met Officers Crossen and Blankenship at a prearranged location, whereupon he gave Officer Crossen the narcotics he had purchased and the videotape of the transaction. These items were labeled with police item number G28839. However, the police did not know the defendant's name at that time.

Officer Crossen explained that a group of concerned citizens living in the Avondale area came to the police station to view videotapes of drug transactions in an effort to identify the individuals selling drugs in their area. On September 11, 1997, a concerned citizen viewed the July 28, 1997 videotape and told the police that the defendant was the man in the video selling drugs to Officer Davis. Thereafter, Officer Crossen assembled a photographic lineup that included a photograph of the defendant and asked Officer Davis if he could identify the individual from whom he purchased cocaine on July 28, 1997. According to Officer Crossen, Officer Davis selected the defendant's photograph. The videotape of the July 28, 1997 transaction was played for the jury.

Mr. Edgar Dunne, employed as a forensic scientist with the Jefferson Parish Sheriff's Office, testified that the evidence contained in police item number G28839 was crack cocaine.

The defense presented no evidence.

ENTRAPMENT DEFENSE

In his first assignment of error, the defendant contends that he was denied his constitutional right to present a defense because the trial judge prohibited counsel from raising the issue of entrapment. He specifically claims that the trial court erred in three respects: (1) by refusing to allow the defendant's trial attorney to cross-examine Officer Davis in an attempt to develop the affirmative defense that the defendant was entrapped, (2) by refusing to charge the jury with respect to the affirmative defense of entrapment, and (3) by refusing to allow the defense attorney to argue the defense of entrapment in his closing argument.

We will now address the defendant's first complaint. At trial, defense counsel began to cross-examine Officer Davis about whether Avondale was a financially depressed neighborhood or an affluent neighborhood. At that point, the district attorney objected on the grounds of relevance. Defense counsel answered the prosecutor's objection, claiming that the line of questioning he was attempting to pursue was relevant to the defense of entrapment. The trial judge sustained the prosecutor's objection, stating as follows:

The entrapment is not before this jury. The issue before this jury is whether this Defendant sold cocaine to this Witness, and whether they believe the testimony beyond a reasonable doubt. Now, that's the bare bone minimum. I mean whether it's a wealthy or poor neighborhood is not relevant.

Relevant evidence is defined in LSA-C.E. art. 401 as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence." A trial judge's determinations regarding relevancy and admissibility should not be overturned absent a clear abuse of discretion. State v. Mosby, 595 So.2d 1135 (La.1992). Moreover, the Louisiana Supreme Court explained that "the scope and extent of cross-examination rests largely within the discretion of the trial judge and his rulings will not be disturbed in *1238 the absence of an abuse of discretion." State v. Garrison, 400 So.2d 874 (La.1981).

This Court, in State v. Sumlin, 617 So.2d 225 (La.App. 5 Cir.1993), explained the principle of entrapment as follows:

An entrapment is perpetrated when a law enforcement official or a person acting in cooperation with such an official for the purpose of obtaining evidence of the commission of an offense solicits, encourages, or otherwise induces another person to engage in conduct constituting such offense when he is not then otherwise disposed to do so. When entrapment is at issue, the focal point of the inquiry is on the predisposition of the defendant to commit the crime at issue as well as on the conduct of the police. For entrapment to exist, a defendant must be induced in some way to engage in criminal conduct which he otherwise would not be disposed to engage in. An entrapment defense will not lie if the officers or agents have merely furnished a defendant who is predisposed to commit the crime the opportunities to do so.

In State v. Hardy, 98-25 (La.App. 5 Cir. 5/13/98), 715 So.2d 466, this Court explained the respective burdens of proof when the defense urges entrapment as follows:

The entrapment defense is composed of two elements: 1) an inducement by a state agent to commit an offense, and 2) lack of predisposition to commit the offense on the part of the defendant. The burden of proof is on the defendant to raise the defense of entrapment and produce a preponderance of evidence that a state agent induced him to commit a crime. Once the defendant meets this burden, the state has the burden of proving beyond a reasonable doubt that the defendant was predisposed to commit the crime prior to government involvement.

Turning to the present case, when the trial judge asked the defense attorney about the relevance of his line of questioning during his cross-examination of Officer Davis, the defense attorney stated that the questions were to establish the defense of entrapment.

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Cite This Page — Counsel Stack

Bluebook (online)
727 So. 2d 1235, 1999 WL 31219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-francis-lactapp-1999.