State v. Hankerson

604 So. 2d 1330, 1992 WL 117271
CourtLouisiana Court of Appeal
DecidedMay 22, 1992
DocketKA 91 0479
StatusPublished
Cited by5 cases

This text of 604 So. 2d 1330 (State v. Hankerson) 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. Hankerson, 604 So. 2d 1330, 1992 WL 117271 (La. Ct. App. 1992).

Opinion

604 So.2d 1330 (1992)

STATE of Louisiana
v.
Johnnie HANKERSON.

No. KA 91 0479.

Court of Appeal of Louisiana, First Circuit.

May 22, 1992.

Doug Moreau, Dist. Atty. Baton Rouge, by Robert Piedrahita, Dan Grady, Asst. Dist. Attys., for plaintiff/appellee.

Lewis O. Unglesby, Baton Rouge, for defendant/appellant.

Before LANIER, CRAIN and GONZALES, JJ.

*1331 CRAIN, Judge.

Defendant, Johnnie Hankerson, was charged by bill of information with one count of conspiracy to distribute cocaine of an amount equal to or greater than 200 grams but less than 400 grams, in violation of La.R.S. 14:26, 40:964 and 40:967 A; and possession of cocaine of an amount equal to or greater than 200 grams but less than 400 grams, in violation of La.R.S. 40:964 and 40:967 A. He was tried by a jury, which convicted him as charged. The trial court imposed a sentence of ten years at hard labor, with credit for time served, for the conspiracy conviction; and a concurrent term of ten years at hard labor, with credit for time served, for the conviction of possession of cocaine. After finding that defendant had rendered "substantial assistance" to law enforcement officers, the court did not deny defendant eligibility for parole. See La.R.S. 40:967 G, prior to its amendment by Acts 1991, No. 100. Defendant appealed, urging eleven assignments of error. The assignments of error numbered three, five and eight were specifically abandoned.

Defendant was jointly charged with his brothers, Bradford and Gregory Hankerson. The charges against Bradford Hankerson were dismissed prior to trial. Gregory Hankerson and defendant were tried together. Gregory also was convicted as charged, and he separately appealed. See KA 91 0478, 604 So.2d 1323, also decided this date.

The charges were instituted after a search of the Hankersons' Baton Rouge residence resulted in the discovery of nearly one and one-half pounds of a cocaine mixture. Most of the contraband was located in a dresser drawer in Gregory Hankerson's bedroom. Twenty-five packets (totalling approximately twenty-two ounces) were recovered from the dresser. At the time of his arrest, an additional one ounce packet of cocaine was discovered in a pocket of Gregory Hankerson's clothing. Tests revealed that each of the packets was approximately 50% pure cocaine (mixed with a quantity of inositol, a substance commonly used to dilute cocaine.) The total weight of the pure cocaine seized during the search was 299.1 grams. Two empty bottles that had contained inositol, three putty knives, and a number of plastic bags also were found in the bedroom. Elsewhere in the house, agents found a notebook suggesting an extensive distribution scheme, a scale, more bags, and a razor.

The search was conducted pursuant to a warrant obtained after a confidential informant made a purchase from a distributor identified as "Greg." The "controlled buy" occurred in the Hankersons' residence on the same day that the warrant was executed, and it was monitored and taped through the use of electronic surveillance equipment. The "Greg" who participated in the controlled buy was later identified as defendant's brother, Gregory Hankerson. Another suspect, Greg Green, was arrested when he came to the house after the Hankersons and two female acquaintances present in the house during the execution of the warrant had been apprehended. Greg Green and Gregory Hankerson apparently shared the bedroom where the cocaine was found. Green also had a small amount of cocaine on his person when he was arrested.

After his arrest, Gregory Hankerson admitted that the cocaine found in the pocket belonged to him; however, both brothers initially disavowed knowledge of the cocaine in the bedroom. Later, they informed investigating officers that defendant (who apparently was living with his mother in Fort Lauderdale, Florida and not with his brothers in Baton Rouge) and Gregory Hankerson had procured the cocaine in Florida and had it transported to Baton Rouge by another individual. The brothers offered to arrange a large transaction in order to obtain a letter confirming their assistance to law enforcement officers. Although the state agreed to this arrangement (and a letter ultimately was sent to the trial court, outlining the extent of cooperation by the Hankersons), the brokerage agreement was terminated on the advice of the Hankersons' attorney and was never completed.

*1332 ADMISSIBILITY OF STATEMENTS

In assignments of error two, four and six, defendant claims that the trial court erred by permitting the state to introduce admissions made by him and his brother, Gregory, to Captain Don (Bud) Connor at the Sheriff's department office. He claims the statements were inadmissible because they were induced by an offer by Captain Connor to write a letter indicating they had rendered substantial assistance to law enforcement agents; and therefore, the statements were not admissible under La.R.S. 15:451.

Captain Connor interviewed the Hankerson brothers shortly after they were booked. He read them the statute under which they would be charged, including the penalty in effect at that time (which provided that the sentencing court can impose a term making the accused probation or parole eligible only if the state certifies that the accused has rendered substantial assistance to law enforcement officers.) After the Hankersons expressed an interest in arranging for a large delivery of cocaine, Captain Connor advised them that an agreement of that nature could be made only if the brothers first confessed to the charges for which they were arrested. He obtained an attorney for them; and, after consultation with counsel in which defendant apparently was advised to cooperate, defendant agreed to the terms required by Captain Connor and revealed detailed information concerning the source of the cocaine at issue and the method of its procurement.

"It is well settled that confessions obtained by `any direct or implied promises, however slight, [or] by the exertion of any improper influence, are involuntary and inadmissible as a matter of constitutional law.'" State v. Jackson, 414 So.2d 310, 312 (La.1982), quoting Bram v. United States, 168 U.S. 532, 542-543, 18 S.Ct. 183, 187, 42 L.Ed. 568, 573 (1897). When the state seeks to introduce into evidence an inculpatory statement, it has the burden of establishing beyond a reasonable doubt that the statement was made freely and voluntarily and not under the influence of fear, duress, intimidation, menaces, threats, inducements or promises. La.R.S. 15:451; State v. Jackson, supra.

"The admissibility of a confession is in the first instance a question for the trial judge and his conclusions on the credibility and weight of the testimony relating to the voluntary nature of the statement will not be overturned unless they are not supported by the evidence." State v. Jackson, 414 So.2d at 312. "However, a reviewing court cannot avoid its responsibility to examine the record to be certain that the State has fully borne its heavy burden of proof in these cases." State v. Peters, 315 So.2d 678, 681 (La.1975). "[A] review of the totality of the circumstances under which the statement was given is still required and any inducement offered to the defendant is but one fact, albeit an important one, in that analysis." State v. Lewis, 539 So.2d 1199, 1201-1202 (La.1989), quoting United States v. Long, 852 F.2d 975, 977 (7th Cir.1988).

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Related

State v. Holloway
847 So. 2d 200 (Louisiana Court of Appeal, 2003)
State v. Nelson
741 So. 2d 877 (Louisiana Court of Appeal, 1999)
State v. Gaspard
709 So. 2d 213 (Louisiana Court of Appeal, 1998)
State v. Hankerson
604 So. 2d 1323 (Louisiana Court of Appeal, 1992)

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Bluebook (online)
604 So. 2d 1330, 1992 WL 117271, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hankerson-lactapp-1992.