State v. Freeman

727 So. 2d 630, 1999 WL 856
CourtLouisiana Court of Appeal
DecidedDecember 29, 1998
Docket97-KA-1115
StatusPublished
Cited by30 cases

This text of 727 So. 2d 630 (State v. Freeman) 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. Freeman, 727 So. 2d 630, 1999 WL 856 (La. Ct. App. 1998).

Opinion

727 So.2d 630 (1998)

STATE of Louisiana
v.
Timothy FREEMAN.

No. 97-KA-1115.

Court of Appeal of Louisiana, Fifth Circuit.

December 29, 1998.

*632 Paul A. Connick, District Attorney, Terry M. Boudreaux, Assistant D.A., Gretna, LA, for Plaintiff-Appellee.

Katherine Franks, Louisiana Appellate Project, Baton Rouge, LA, for Defendant-Appellant.

Panel composed of Judges CHARLES GRISBAUM, Jr., EDWARD A. DUFRESNE, Jr. and THOMAS F. DALEY.

DUFRESNE, Judge.

This appeal is before us on remand for reconsideration of the jury waiver issue presented in the original appeal of defendant, Timothy Freeman. In an unpublished opinion, this court set aside defendant's conviction and remanded for a new trial after finding the appellate record devoid of any evidence that defendant was advised of his right to a jury trial or that he waived that right. State v. Freeman, 97-1115 (La.App. 5 Cir. 2/25/98), 709 So.2d 1110 (Not Designated for Publication).

The state applied to the Louisiana Supreme Court for review. Thereafter, the state filed a supplemental application to the Louisiana Supreme Court that included, for the first time in these appellate proceedings, a transcript of the jury waiver colloquy conducted on July 1, 1997 between the trial judge and defendant immediately before the bench trial. The Louisiana Supreme Court granted the state's application and remanded the case to allow the state to supplement the appellate record in this court with the previously undisclosed July 1, 1997 transcript of the jury waiver colloquy. The Supreme Court directed this court to reconsider the jury waiver issue in light of the newly produced July 1, 1997 transcript and to consider defendant's error assignments from his original appeal if the supplemented appellate record shows a valid jury waiver. State v. Freeman, 98-0516 (La.6/26/98), 719 So.2d 486.

The July 1, 1997 transcript now made part of this appellate record clearly shows that the trial court advised defendant of his right to a jury trial and that defendant knowingly and intelligently waived that right and elected a bench trial, as authorized by Article 1, Sec. 17 of our Constitution and Articles 780 and 782 of our Code of Criminal Procedure. We therefore proceed to consider the errors assigned in defendant's original appeal. Finding no merit in those error assignments, we affirm defendant's conviction and sentence.

The record shows that the state charged defendant with possession of cocaine with intent to distribute, in violation of LSA-R.S. 40:967 A. Defendant pled not guilty and *633 filed motions to suppress evidence, identification and confession. The trial court heard and granted defendant's motion to suppress evidence, and the state applied to this court for supervisory review of that ruling. A panel of this court granted the state's writ application, reversed the trial court's ruling, entered judgment denying the suppression motion and remanded the case for trial. State v. Freeman, Writ No. 97-K-325 (La. App. 5 Cir. 5/14/97). Following trial, the court found defendant guilty of the lesser offense of possession of cocaine in violation of LSA-R.S. 40:967 C. The trial court sentenced defendant to serve three years at hard labor, with credit for time served; and defendant timely appealed.

Testimony presented at trial showed that Jefferson Parish Deputies Edward Manix and Freddie Yorsch were patrolling the Waggaman area during the early morning hours of October 5, 1996. The officers had been ordered to target that area in response to a number of anonymous reports of gang and drug activity. Around 1:00 a.m., the officers observed a car parked on Hellis Drive in Waggaman. The officers later learned that the car belonged to defendant. The car's lights were off, but its doors were open and loud music was coming from inside the car. The officers got out of their own police car and approached the other car, intending to tell the car's occupants to lower the volume of the music.

As they approached the car, the officers detected the odor of marijuana. They looked inside the car and saw three partially smoked hand-rolled cigarettes in an ashtray on the dashboard. The cigarettes appeared to contain what the officers believed was marijuana. The officers ordered defendant and two other occupants from the car. All three subjects were arrested, handcuffed, and placed in the back of the police car. The officers searched defendant's car and found a plastic bag with a large amount of marijuana under the front passenger seat. Scattered under the driver's seat, they also found 23 rocks of what later proved to be crack cocaine. On the car's back seat, the officers found a box of cigars, some of which had been cut open and filled with marijuana. Deputies Yorsch and Manix transported defendant and his two companions to the Jefferson Parish jail for booking. According to Deputy Yorsch, defendant later admitted to him that the cocaine was his.

Defendant testified at trial that the cocaine seized from his car belonged to him, although he denied ever admitting that to Deputy Yorsch. Defendant further testified that the cocaine was for his own use and that he could consume 23 rocks of crack within a one-day period.

In his appeal to this court, defendant alleges five assignments of error. One of those assignments, a challenge to the jury waiver, has already been disposed. The remaining assignments are now addressed.

Defendant first contends that the trial court erroneously denied his motion to suppress the cocaine seized from the car, as reurged at trial. In its pretrial writ ruling on the suppression, this court concluded that the police officers legally seized the cocaine without a warrant during a valid search incident to defendant's arrest, and under the automobile exception to the warrant requirement. Defendant asks this court to reconsider its ruling, and he argues that the evidence presented at the motion hearing and the trial does not show that the search resulting in seizure of the cocaine was legal.

The officers' initial stop of defendant was valid as an investigatory stop recognized by LSA-C.Cr.P. art. 215.1, as well as by state and federal jurisprudence. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968) and State v. Charles, 95-498 (La. App. 5 Cir. 12/12/95), 666 So.2d 1147. Reasonable cause for an investigatory stop is something less than probable cause to arrest. It requires that officers have sufficient knowledge of the facts and circumstances to justify an infringement on an individual's right to be free of government interference. State v. Barnes, 592 So.2d 1352 (La.App. 5 Cir.1991).

Deputies Manix and Yorsch testified that the neighborhood where defendant was arrested was known to them as a high crime area with a reputation for drug and gang activity. The reputation of a location as a *634 high crime area is an articulable fact upon which an officer may legitimately rely in making a determination as to reasonable cause for an investigatory stop. State v. Charles, 666 So.2d at 1150. It is also significant that the officers encountered defendant and his friends in the early hours of the morning. The officers heard extremely loud music coming from the car's open doors, and they initially approached defendant's car intending to tell the occupants to turn down the volume. Deputies Manix and Yorsch immediately detected the odor of marijuana, thus giving rise to their suspicion of criminal activity.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Nolan
274 So. 3d 626 (Louisiana Court of Appeal, 2019)
State of Louisiana v. Brandon Nolan
Louisiana Court of Appeal, 2019
State v. Vail
236 So. 3d 644 (Louisiana Court of Appeal, 2017)
State of Louisiana v. Ricky Allen Rexrode
Louisiana Court of Appeal, 2017
State v. Isaac
229 So. 3d 1030 (Louisiana Court of Appeal, 2017)
State v. Bone
107 So. 3d 49 (Louisiana Court of Appeal, 2012)
State v. Wilford
81 So. 3d 868 (Louisiana Court of Appeal, 2011)
State v. Stokes
50 So. 3d 884 (Louisiana Court of Appeal, 2010)
State v. Declouet
52 So. 3d 89 (Louisiana Court of Appeal, 2010)
State v. Cosie
44 So. 3d 314 (Louisiana Court of Appeal, 2010)
State v. McMillan
30 So. 3d 36 (Louisiana Court of Appeal, 2009)
State v. Harris
21 So. 3d 437 (Louisiana Court of Appeal, 2009)
State of Louisiana v. Davy C. Harris
Louisiana Court of Appeal, 2009
State v. Rogers
19 So. 3d 487 (Louisiana Court of Appeal, 2009)
State v. Holmes
10 So. 3d 274 (Louisiana Court of Appeal, 2009)
State v. Woods
982 So. 2d 157 (Louisiana Court of Appeal, 2008)
State v. Micelotti
979 So. 2d 573 (Louisiana Court of Appeal, 2008)
State v. Morton
910 So. 2d 973 (Louisiana Court of Appeal, 2005)
State v. Becnel
904 So. 2d 838 (Louisiana Court of Appeal, 2005)
State v. Bergman
887 So. 2d 127 (Louisiana Court of Appeal, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
727 So. 2d 630, 1999 WL 856, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-freeman-lactapp-1998.