State v. Harris

787 So. 2d 420, 2000 La.App. 4 Cir. 1739, 2001 La. App. LEXIS 1228, 2001 WL 540780
Louisiana Court of Appeal·Decided April 18, 2001·No. No. 2000-KA-1739·Published·Cited by 3 cases

Opinion

| .WALTZER, J.

STATEMENT OF THE CASE

Defendant Joseph J. Harris was charged by bill of information with distribution of cocaine, a violation of La. R.S. 40:967.1 Defendant pleaded not guilty at his arraignment. The trial court denied defendant’s motion to suppress and this court denied defendant’s writ application.2 Defendant was found guilty as charged on 29 March 1999, following trial by a twelve-person jury. On 24 September 1999, the trial court denied defendant’s motions for new trial and for post-verdict judgment of acquittal. The court held a multiple bill hearing at which evidence was taken. Defendant was adjudicated a second-felony habitual offender on 24 September 1999, and, defendant having waived sentencing delays, the trial court sentenced him to serve twenty years at hard labor, with credit for time served, without benefit of probation, parole or suspension of sentence for five years, concurrent with any other sentences. The trial court denied defendant’s motion to reconsider sentence. Defendant appeals his conviction and sentence.

1 r,FACTS

New Orleans Police Sergeant Patrick Michael Brown supervised a “buy-bust” operation in the area of Louisiana Avenue and LaSalle Street on 16 July 1998, after which defendant and two other individuals were arrested. Detective Michael Harrison was given ten ten-dollar bills and five one-dollar bills, with which he and Det. Adam Henry were to purchase drugs. Sgt. Brown identified photocopies of those bills. The undercover vehicle Det. Harrison drove in the operation was outfitted with video and audio recording equipment, and other officers could hear what was transpiring via a radio signal. Det. Yvonne Farve acted as an observer in a separate vehicle. Det. Jeffery Robertson photographed defendant and the two other individuals during the buy, and all three were arrested at the scene after Dets. Harrison, Henry and Farve identified them as having been involved in selling crack cocaine to Dets. Harrison and Henry. Sgt. Brown recovered thirty-seven dollars from defendant, including two of the ten-dollar bills that had been photocopied and given to Det. Harrison.

Detective Yvonne Farve testified that she observed an individual later determined to be Eddie Cates approach the [424]*424passenger side of the vehicle in which Dets. Harrison and Henry were riding and converse with them. Det. Harrison handed Cates some money, and Cates walked over to another individual, later determined to be Leon Winsey. Cates and Winsey walked into an alley, and immediately walked out. As the two talked, an individual later determined to be defendant rode up on a bicycle. Defendant dumped something out of his mouth and handed it to Cates. Cates handed defendant some money, and defendant rode off on his bicycle. Det. Farve identified photographs of defendant, Cates and 13Winsey. Det. Farve said she did not see Cates hand anything to Winsey, or see Winsey hand anything to Cates.

Detective Adam Henry testified that Cates and Det. Harrison discussed the purchase of two ten-dollar pieces of crack cocaine. Det. Harrison gave Cates two ten-dollar bills. From three or four houses away, Det. Henry observed Cates meet with Winsey. Defendant spit out two pieces of crack cocaine and handed them to Cates. Cates then gave money to defendant. Cates brought the drugs back to Dets. Harrison and Henry. The officers gave Cates two dollars for conducting the transaction and left the area. Det. Henry said he did not write the police report in the case, and was unaware the report did not reflect that defendant had anything in his mouth.

Detective Michael Harrison testified similarly to Det. Henry. Cates flagged down the officers on Louisiana Avenue, and directed them to make a U-turn. When Cates approached the car again, Det. Harrison gave him two ten-dollar bills for two pieces of crack cocaine. Cates immediately turned around and called out to Winsey. Cates walked over to Winsey, and the two walked a short distance. Winsey went into an alley, returning a moment later. Defendant then rode up on a bicycle. Winsey directed him to Cates. Cates gave defendant the money, and defendant gave Cates small objects later determined to be crack cocaine. Det. Harrison identified a videotape recording of the transaction between he and Cates, which videotape was played for the jury. Det. Harrison identified Cates and Winsey on the videotape. Det. Harrison also said that one could see defendant’s head for an instant as he rode by on his bicycle. However, it appeared unclear whether the person riding past on the videotape was in fact defendant. Det. LHarrison was certain he saw defendant put objects into Cates’ hand, and saw Cates come over to the police vehicle and open that same hand to reveal cocaine.

Eddie Cates testified that he pleaded guilty to distribution of cocaine in connection with the case, in exchange for a sentence of eight years at hard labor. He admitted a number of felony convictions, including four for burglary, one for being a convicted felon in possession of a firearm, and one for simple escape. He testified that on the day in question two men called out to him as he sat on a porch after work drinking a quart of beer. The men said they would pay him a few dollars if he got two rocks of crack cocaine for them. He saw Leon Winsey, and knew him to be involved with drugs. Winsey did not have any drugs, but walked into an alley, and came back, shortly before defendant came riding up on a bicycle. Defendant spit some rocks of crack cocaine out of his mouth and gave Cates two in exchange for the two ten-dollar bills. Cates said defendant rode off, and he delivered the cocaine to the officers. Cates identified the Polaroid photographs taken that day of him, Winsey and defendant. Cates admitted on cross examination that he had not been sentenced in connection with the case. Cates further admitted that he had used [425]*425drugs in the past, but claimed he was not a drug addict and said he never sold drugs.

It was stipulated that if Corey Hall were called as a witness he would be qualified in the analysis of controlled dangerous substances, and would testify that the two objects in this case tested positive for the presence of cocaine.

Kendall Green, an attorney employed by the Orleans Indigent Defender Program, testified that he represented Eddie Cates in connection with his plea bargain in the case. He stated that | Rhis client had waived his attorney-client privilege so that he could testify to the circumstances of the plea. Mr. Green stated that Eddie Cates faced possible life imprisonment as a habitual offender if convicted of the crime with which he was charged in connection with the instant case. Cates agreed to plead guilty in exchange for a sentence of eight years, with the understanding that he would testify truthfully at defendant’s trial. Originally, the plea agreement had not required Cates to testify. However, Cates had offered to do so on the day of defendant’s trial, and that requirement became part of the plea agreement. Mr. Green stated that Cates was willing and cooperative about testifying, that no one told his client to lie, and that he told his client to testify truthfully.

Defendant testified that his real name was Joseph Jones, not Joseph Harris, which was the name of his father. He explained that he used his father’s name when previously arrested, and now his fingerprints matched that name. Defendant admitted a prior felony conviction for aggravated battery.

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State v. Harris, 787 So. 2d 420, 2000 La.App. 4 Cir. 1739, 2001 La. App. LEXIS 1228, 2001 WL 540780 (La. Ct. App. 2001).

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