State v. Hall

624 So. 2d 927, 1993 WL 366740
Louisiana Court of Appeal·Decided September 22, 1993·No. 25110-KA·Published·Cited by 16 cases

Opinion

624 So.2d 927 (1993)

STATE of Louisiana, Appellee,
v.
Tyson HALL, Appellant.

No. 25110-KA.

Court of Appeal of Louisiana, Second Circuit.

September 22, 1993.

*929 William J. Perkins, Columbia, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, Don C. Burns, Dist. Atty., Iley H. Evans, Asst. Dist. Atty., Columbia, for appellee.

Before LINDSAY, BROWN and WILLIAMS, JJ.

LINDSAY, Judge.

At the conclusion of his jury trial, the defendant, Tyson Hall, was convicted of distribution of cocaine, in violation of LSA-R.S. 40:967. He was sentenced to a term of imprisonment of ten and one-half years at hard labor. The defendant appealed. For the reasons assigned below, we affirm the defendant's conviction and sentence.

FACTS

In the latter part of 1991, the Louisiana State Police conducted a long-term undercover narcotics investigation in Caldwell Parish. During the course of this investigation, Trooper Michael Evans made two separate cocaine purchases from Darren Sikes. Thereafter, the state police persuaded Sikes to cooperate in their investigation and undercover operation. In exchange, Trooper Evans agreed to inform the district attorney of Sikes' assistance. Sikes told the state police that the defendant was his main source for cocaine.

At approximately this time, the defendant, who was then in Los Angeles, began telephoning the home of Sikes' sister. He left several messages in which he instructed Sikes to wire $700 to him, this amount being owed for drugs previously "fronted" to Sikes by the defendant. (Sikes testified that the defendant would bring the drugs to him; after Sikes sold the drugs, he would give the proceeds to the defendant.)

On December 5, 1991, Sikes successfully contacted the defendant to arrange a drug purchase. During their conversation, the defendant, who was driving to Monroe, Louisiana, from Dallas, Texas, told Sikes to meet him on Highway 846 and described the vehicle he would be driving, a silver Bronco II. Although they set no specific location, Sikes understood the defendant's directions as instructing him to drive north on Highway 846 in Caldwell Parish until he and the defendant met on the road.

After the arrangements were made with the defendant, Sikes met with several state troopers at a convenience store. The officers searched Sikes and his vehicle to verify that he had no drugs or money in his possession. Trooper Evans then gave Sikes $700, in the form of seven $100 bills, the serial numbers of which had been recorded. Sikes was also supplied with a body wire, as well as a walkie talkie.

Sikes began driving on Highway 846 with three unmarked police cars following him. One of these cars pulled over to the side of the road after a short distance. When Sikes saw the defendant's vehicle approaching from the opposite direction, he alerted the troopers via the walkie talkie, and the other two unmarked cars also pulled off the road.

Sikes then parked on the shoulder of the road, where he pretended to have car trouble. The defendant likewise pulled over on the side of the road. Sikes testified that he gave $700 to the defendant for drugs he had previously "fronted" to Sikes, and the defendant gave him one and one-half ounces of cocaine. However, the transmission from Sikes' body mike was so broken up that the troopers were unable to monitor the conversation between Sikes and the defendant.

Shortly thereafter, Sikes notified the troopers by walkie talkie that the drug transaction had been completed. At approximately the same time, the defendant's vehicle drove past them. The unmarked police cars began to follow the defendant, who soon realized that he was under surveillance. The defendant accelerated, leading the officers on a high speed chase over hilly terrain. Throughout the pursuit, the troopers maintained visual contact with the defendant's vehicle. Eventually, the defendant was stopped at a roadblock near Chatham, Louisiana. A search revealed that the defendant had in his possession the $700 supplied to Sikes.

After the defendant was apprehended, Trooper Evans returned to the convenience *930 store where Sikes had been instructed to wait for the officers. Trooper Evans searched Sikes and found no money or contraband on his person. He also searched the vehicle and recovered the drugs Sikes had obtained from the defendant. The contraband was transported to the crime lab, where tests confirmed that the substance was cocaine.

The defendant was charged with one count of distribution of cocaine. Following a jury trial, he was convicted as charged and sentenced to a term of imprisonment of ten and one-half years at hard labor.

The defendant appealed. He originally asserted 10 assignments of error. However, four assignments of error were not briefed and are accordingly deemed abandoned. URCA Rule 2-12.4; State v. Schwartz, 354 So.2d 1332 (La.1978); State v. Kotwitz, 549 So.2d 351 (La.App.2d Cir.1989), writ denied, 558 So.2d 1123 (La.1990).

The remaining assignments of error are as follows: (1) the trial court erred in overruling the defendant's objection to hearsay testimony by Trooper Evans implicating him as the source of cocaine; (2) the trial court erred in overruling the defendant's objection to hearsay testimony by Trooper Gary Crumpton; (3) the trial court erred in overruling the defendant's objection to evidence of other crimes, i.e., prior drug transactions, and denying his motion for mistrial; (4) the trial court erred in overruling the defendant's objection to evidence of other crimes and denying his motion to strike; (5) the trial court erred in overruling defendant's objection to the introduction into evidence of cocaine on the basis that the state had failed to prove any connection between the cocaine and the defendant; and (6) the trial court erred in overruling defendant's motion for a directed verdict.

HEARSAY

Hearsay is a statement, other than one made by the declarant while testifying at the present trial or hearing, offered in evidence to prove the truth of the matter asserted. LSA-C.E. Art. 801(C).

Law enforcement officers may not testify as to the contents of an informant's tip because such testimony violates the accused's constitutional right to confront and cross-examine his accusers. State v. Hearold, 603 So.2d 731 (La.1992). Moreover, as to any exception to the hearsay rule based on an officer's testimony regarding information which immediately prompted an investigation, the issue of relevancy is significantly interrelated with the hearsay issue. See State v. Wille, 559 So.2d 1321, 1331 (La. 1990). The fact that an officer acted on information obtained from an informant may be relevant to explain his conduct, but may not be used as a passkey to bring before the jury the substance of the out-of-court information that would otherwise be barred by the hearsay rule. State v. Hearold, supra.

Generally, an explanation of the officer's actions should never be an acceptable basis upon which to admit an out-of-court declaration when the so-called "explanation" involves a direct assertion of criminal activity against the accused. Absent some unique circumstances in which the explanation of purpose is probative evidence of a contested fact, such hearsay evidence should not be admitted under an "explanation" exception. The probative value of the mere fact that an out-of-court declaration was made is generally outweighed greatly by the likelihood that the jury will consider the statement for the truth of the matter asserted. State v. Hearold, supra.

Howeve

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