State v. Goins

568 So. 2d 231, 1990 WL 145776
CourtLouisiana Court of Appeal
DecidedOctober 3, 1990
DocketCr90-85
StatusPublished
Cited by16 cases

This text of 568 So. 2d 231 (State v. Goins) 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. Goins, 568 So. 2d 231, 1990 WL 145776 (La. Ct. App. 1990).

Opinion

568 So.2d 231 (1990)

STATE of Louisiana, Plaintiff-Appellee,
v.
Oscar GOINS, Defendant-Appellant.

No. Cr90-85.

Court of Appeal of Louisiana, Third Circuit.

October 3, 1990.
Writ Denied January 18, 1991.

*233 Constance Abraham-Handy, Lake Charles, for defendant-appellant.

David Kimball, Beth Conrad, Asst. Dist. Attys., Lake Charles, for plaintiff-appellee.

Before DOUCET, YELVERTON and KING, JJ.

KING, Judge.

This appeal presents for consideration by this Court the issue of whether the trial judge committed reversible errors in the trial of this matter.

Oscar Goins (hereinafter defendant) was charged by grand jury indictment with the crime of distribution of cocaine, a felony in violation of La.R.S. 40:967(A)(1). Defendant pled not guilty and was tried before a jury. The jury found defendant guilty as charged. After a sentencing hearing, the trial court sentenced the defendant to serve a term of seven years at hard labor. The defendant timely appeals urging the following five assignments of error:

(1) The trial court erred in appointing an attorney for the defendant after the defendant expressed a desire to represent himself;
(2) The trial court erred in denying the defendant's request to change his plea from not guilty to not guilty and not guilty by reason of insanity and denying the appointment of a sanity commission;
(3) The trial court erred in finding the evidence presented by the State was sufficient to find the defendant guilty;
(4) The trial court erred in allowing the introduction of a tape recording into evidence; and
(5) The sentence imposed upon the defendant was excessive.

For the reasons hereinafter set forth, we affirm the defendant's conviction and sentence.

FACTS

On the afternoon of October 26, 1987, defendant approached a stranger named Willie Patterson, in Calcasieu Parish, Louisiana, to initiate a drug transaction. Patterson accepted and rode in defendant's car to a home wherein he saw approximately 30 to 40 bags of cocaine. Defendant offered one bag to Patterson for $50.00. Patterson did not have enough cash with him, but promised to return later and make the purchase. Patterson offered defendant a gold ring as "insurance" for his return. Defendant instructed Patterson to meet him outside the American Veterans Hall at 7:00 that evening.

Patterson left defendant and immediately went to the Calcasieu Parish Sheriff's Office where he informed officers of the Narcotics Division of his upcoming rendezvous with defendant. For this information and for agreeing to complete the drug transaction, Patterson received $100.00. The Sheriff's deputies placed a "body bug" on Patterson and drove him to the American Veterans Hall. The defendant arrived in his car shortly thereafter and drove Patterson to the house where defendant had taken him earlier that day. Upon their arrival, defendant was told that all of the cocaine had been moved to another location. Defendant then drove to an apartment complex where, upon receiving Patterson's $50.00, defendant exited his car alone, and returned with a bag of cocaine for Patterson. After handing the bag to Patterson, defendant drove his car to the Greyhound Bus Station where Patterson left defendant's car.

Narcotics detectives observed all of defendant's actions from the time Patterson was met at the American Veterans Hall, to the time defendant dropped Patterson off at the bus station. At one point, an undercover officer even drove next to defendant's vehicle to get a clear look at defendant. Those same officers were present at the Greyhound Bus Station when Patterson exited defendant's car. They immediately arrested Patterson and took him to the police station.

An expert in the field of drug analysis tested the contents of the bag that defendant gave Patterson and found it to be *234 cocaine. The bag contained 0.3 grams of cocaine.

Defendant was charged by grand jury indictment with distributing cocaine in violation of La.R.S. 40:967(A)(1). During the pre-trial phase of this matter, the court appointed an attorney to represent the defendant even though defendant had indicated a desire to represent himself. On the day of trial, October 16, 1989, defendant decided against self-representation and instead decided to utilize the services of the attorney who had been previously appointed by the court to represent him.

Just prior to beginning of trial, defendant attempted to change his original plea of not guilty to not guilty and not guilty by reason of insanity and sought the appointment of a sanity commission. These motions were denied by the trial court.

During trial, the State offered the testimony of Patterson and the eyewitness testimony of several deputies from the Narcotics Division of the Calcasieu Parish Sheriffs office. The State also introduced into evidence and played briefly for the jury the tape recording from the "body bug" placed on Patterson. The defense did not present any witnesses. The jury found the defendant guilty of distribution of cocaine. At a sentencing hearing, the trial judge sentenced the defendant to serve a term of seven years at hard labor. The defendant timely appeals.

ASSIGNMENT OF ERROR NUMBER 1

Defendant contends in his first assignment of error that the trial court erred in denying his request to represent himself and in forcing him to proceed to trial with a court appointed counsel representing him.

The Sixth Amendment of the United States Constitution grants to an accused the right of self-representation. U.S. Const. Amend. VI. Before a defendant can represent himself, he must be made aware of the dangers and disadvantages of self-representation, so that the record will establish that "he knows what he is doing and his choice is made with eyes open." Faretta v. California, 422 U.S. 806, 95 S.Ct. 2525, 45 L.Ed.2d 562 (1975); State v. Sepulvado, 549 So.2d 928 (La.App. 3 Cir. 1989).

Just before trial was scheduled to begin, defendant, through his court appointed attorney, made known his desire to represent himself. The trial judge recessed the proceedings and the problems of self-representation were fully explained to the defendant. When the trial resumed, the defense attorney withdrew the defendant's earlier motion to represent himself because the defendant had decided against self-representation. The trial judge then recessed the proceedings again to allow defendant and his attorney time to discuss and review the case before the trial continued.

The error defendant complains of in this assignment of error never occurred. The trial judge did not force defendant into using his court appointed attorney who had been appointed approximately one and one-half years prior to the day of trial but, rather, the record shows that the defendant himself freely and voluntarily decided to use the court appointed counsel after being informed of the disadvantages of self-representation. For this reason, this assignment of error lacks merit.

ASSIGNMENT OF ERROR NUMBER 2

Defendant contends in his second assignment of error that the trial court erred in denying his request to change his plea from not guilty to not guilty and not guilty by reason of insanity, and in denying his motion for the appointment of a sanity commission.

La.C.Cr.P. Art. 641 provides that:

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Cite This Page — Counsel Stack

Bluebook (online)
568 So. 2d 231, 1990 WL 145776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-goins-lactapp-1990.