State v. Green

779 So. 2d 835, 2000 WL 1770966
Louisiana Court of Appeal·Decided November 29, 2000·No. 99-KA-2847·Published·Cited by 9 cases

Opinion

779 So.2d 835 (2000)

STATE of Louisiana
v.
Thaddeus A. GREEN.

No. 99-KA-2847.

Court of Appeal of Louisiana, Fourth Circuit.

November 29, 2000.

*836 Harry F. Connick, District Attorney, Charles E.F. Heuer, Assistant District Attorney, New Orleans, LA, Counsel for Plaintiff/Appellee.

Pamela S. Moran, Louisiana Appellate Project, New Orleans, LA, Counsel for Defendant/Appellant.

Court composed of Judge BYRNES, Judge KIRBY and Judge LOVE.

LOVE, Judge.

STATEMENT OF THE CASE

On May 15, 1998, appellant Thaddeus Green and co-defendant Synedra Williams were charged by bill of information with distribution of cocaine. Following a motion hearing on June 3, 1998, the trial court found probable cause as to both defendants and denied the motion to suppress. On September 10, 1998, the trial court granted the appellant's motion to sever. On November 19, 1998, a jury found the appellant to be guilty as charged. On December 18, 1998, the State filed a multiple bill charging the appellant as a fourth offender. On March 22, 1999, the trial court found the appellant to be a fourth felony offender and sentenced him to life imprisonment without probation or suspension of sentence.

STATEMENT OF THE FACTS

On the evening of March 31, 1998, Officers Matthew Fihlman and Melvin Hunter were undercover on pro-active patrol in the Treme area looking for drug activity, when co-defendant Synedra Williams flagged them over. She went to the passenger side of the non-traditional undercover police car and asked the officers *837 what they needed. Officer Hunter, who was the passenger in the car, responded that he was looking for a "20." Officer Fihlman explained that, a "20" is street language for a twenty-dollar rock of crack cocaine. Ms. Williams then called out to the appellant, Thaddeus Green. Green walked over to the driver's side of the car and asked the officers what they needed. Officer Hunter started to respond, but Ms. Williams interrupted him and told the appellant that they were looking for a "20." The appellant asked them if they were police officers. They responded negatively. The appellant then reached into his right front pants pocket and handed Officer Hunter a rock of crack cocaine wrapped in plastic. Officer Hunter then handed the appellant a twenty-dollar bill that had been pre-recorded prior to the patrol.

The officers then drove away and radioed the takedown unit that a transaction had occurred. They described the perpetrators so that the back-up officers could proceed with the arrests. Officers Fihlman and Hunter then drove past the scene again to confirm that the officers had arrested the corrected individuals. Officer Patrick Evans was one of the arresting officers. He observed the appellant drop a glass crack pipe and a twenty-dollar bill as he ran away from the uniformed arresting officers. After detaining the appellant, Officer Evans retrieved the discarded items. By radio, he confirmed that the serial number on the twenty-dollar bill that the appellant had dropped was the same bill which had been photographed prior to the patrol.

The appellant testified that he was on his way home to smoke his hit of cocaine when Ms. Williams approached and asked him for a hit. He refused her request because he only had one. A short time later, Ms. Williams told him she could sell his hit for twenty dollars, if he would give her ten dollars from the sale. He testified that he could then use the other ten to buy another hit for himself.

ASSIGNMENT ONE

The appellant argues that the jury erred in finding him guilty because the evidence indicated that he was induced to make the sale, and the State failed to prove that he had a predisposition to commit the crime.

The defense of entrapment was discussed at length in State v. Brand, 520 So.2d 114 (La.1988), as follows:

Entrapment is a defense which arises when a law enforcement official or an undercover agent acting in cooperation with such an official, for the purpose of obtaining evidence of a crime, originates the idea of the crime and then induces another person to engage in conduct constituting the crime, when the other person is not otherwise disposed to do so. The defense is designed to deter the police from implanting criminal ideas in innocent minds and thereby promoting crimes which would not otherwise have been committed. Obviously, law enforcement agents should not persuade citizens to commit crimes, and the defense is recognized to prevent shocking police inducement of the perpetration of a crime.
Entrapment is an affirmative defense. Thus, the burden was on defendant to prove entrapment by a preponderance of the evidence. The question whether the government agent implanted the criminal idea in the mind of an innocent person to induce the commission of a crime that would not otherwise be committed is one for the jury.
The entrapment defense will not be recognized when the law enforcement official merely furnishes the accused with an opportunity to commit a crime to which he is predisposed. In entrapment cases, a line must be drawn between the trap for the unwary innocent and the trap for the unwary criminal. Thus, the focus in determining an entrapment defense is on the conduct and predisposition of the defendant, as well *838 as the conduct of the government agent. (Citations omitted).

520 So.2d at 117.

Entrapment arguments are reviewed on appeal pursuant to the sufficiency of evidence standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). State v. Alford, 99-0299 (La.App. 4 Cir. 6/14/00), 765 So.2d 1120; State v. Long, 97-2434 (La.App. 4 Cir. 8/25/99), 744 So.2d 143, writ denied, 1999-2780 (La.3/17/2000), 756 So.2d 1140.

The entrapment defense is composed of two elements: (1) an inducement by a state agent to commit an offense; and (2) lack of a predisposition to commit the offense on the part of the defendant. State v. Francis, 98-811 (La.App. 5 Cir. 1/26/99), 727 So.2d 1235, 1238, writ denied, 99-0671 (La.6/25/99), 746 So.2d 597. Thus, when reviewing a claim for entrapment a reviewing court must first determine whether the defendant proved by a preponderance of the evidence that he was induced to commit the crime. State v. Long, 97-2434, p. 11, 744 So.2d at 150-151. The question of whether the government agent induced an innocent person to commit a crime that he would not otherwise commit is for the jury to decide. State v. Bradford, 32-747 (La.App. 2 Cir. 10/27/99), 745 So.2d 800.

In the instant case, two officers testified that Ms. Williams flagged them down and asked what they needed. She then called the appellant over. According to the officers, the defendant walked over to their car and immediately asked them what they wanted. He hesitated in making the sale only long enough to ask his intended purchasers if they were police officers. If the officers are to be believed, then surely the appellant was a willing part of the operation to distribute cocaine.

Even if one believes the testimony of the appellant, that Ms. Williams conferred with him before he agreed to the sale, there was no evidence of any inducement by the officers for him to commit the crime. Further according to the appellant's testimony, even Ms. Williams made no promise to the appellant in return for his participation in the transaction. He would me

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State v. Green, 779 So. 2d 835, 2000 WL 1770966 (La. Ct. App. 2000).

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