State v. Henderson

58 So. 3d 552, 2011 La. App. LEXIS 253, 2011 WL 721010
CourtLouisiana Court of Appeal
DecidedMarch 2, 2011
DocketNo. 46,057-KA
StatusPublished
Cited by2 cases

This text of 58 So. 3d 552 (State v. Henderson) 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. Henderson, 58 So. 3d 552, 2011 La. App. LEXIS 253, 2011 WL 721010 (La. Ct. App. 2011).

Opinion

PEATROSS, J.

12Pefendant, Derunn Henderson, a/k/a “Rundown,” was charged with and subsequently convicted of two counts of distribution of cocaine. On each count, the trial judge sentenced Defendant to serve 15 years at hard labor with the first two years to be served without the benefit of probation, parole or suspension of sentence. The trial judge imposed the sentences consecutively. Defendant now appeals. For the reasons stated herein, Defendant’s convictions and sentences are affirmed.

FACTS AND PROCEDURAL HISTORY

On April 27 & 28, 2009, Defendant provided powder cocaine to an informant by the name of Jason Edwards, a/k/a Jason Israel (hereinafter referred to as Edwards). The two transactions took place at Defendant’s residence in Sibley, Louisiana, and were recorded by a police surveillance team. Defendant admits that he twice distributed cocaine to the confidential informant; but, he contends that he was entrapped into doing so, thereby committing a crime which he was not otherwise predisposed to commit.

Trial of the matter began on March 9, 2010, and the State called as its first witness, Officer Shawn Baker of the Webster Parish Sheriffs Office. At the time of trial, Officer Baker was working in the Criminal Investigation Division (CID) Narcotics unit for approximately 9 1/2 years and was the lead agent on Defendant’s case. Officer Baker testified that Edwards was a confidential informant (Cl) who had worked with the Sheriffs Office for 1½ years, during which time he had helped build 65 cases for the Sheriffs Office. Officer Baker spoke with Edwards on April 27, 2009, and asked Edwards if he knew Defendant. Edwards confirmed that he was very familiar with Defendant. Officer Baker made this initial inquiry with Edwards because several citizens in Sibley had called in to the Sheriffs Office voicing concerns over a high volume of traffic in the area near Defendant’s home late at night.

Officer Baker asked Edwards if he was capable of buying illegal substances from Defendant and Edwards replied that he would be able to do so. On April 27, 2009, Edwards was wired with audio and video surveillance and supplied with $100 of task force “buy money.” Officer Baker and Officers Marvin Garrett and Dan Weaver followed Edwards to ^Defendant’s residence in Sibley. Edwards was in Defendant’s residence for 10 to 12 minutes. Officer Baker then met Edwards in a prearranged location to collect the evidence from Edwards. Once the evidence was collected, a field test kit was used to test the substance, which tested positive as cocaine.

[555]*555Officer Baker then explained that similar events took place the next day on April 28, 2009. Officer Baker telephoned Edwards to confirm that he was available to go make a buy, they met at a prearranged location outside of Minden and Edwards was wired with audio and video surveillance and supplied with $100. Officer Baker followed Edwards to Defendant’s residence; Edwards made the buy, left Defendant’s residence and then met Officer Baker at another predetermined location to give him the evidence.

Officer Baker testified that officers always search the Cl and his vehicle thoroughly to make sure he has no other money, drugs or drug paraphernalia on his person or in his car. Officer Baker testified that Edwards was usually compensated at a rate of $300 an hour and had never come back unsuccessful after being sent out to make a buy. Officer Baker identified Defendant in open court and confirmed that the he was the same man that Officer Baker had seen on the April 28, 2009 videotape.

The State’s next witness was Officer Garrett, who works for the narcotics task forces of the Minden Police Department and the Webster Parish Sheriffs Department. Officer Garrett testified that he knew of anonymous reports called in to law enforcement claiming that Defendant had been selling cocaine. He further confirmed that they had two videotapes of Defendant selling cocaine on April 27 & 28, 2009.

The State’s next witness was Randall Robillard, an employee of the North Louisiana Crime Lab where he is the forensic chemistry supervisor. Robillard was tendered and accepted as an expert in the field of substance analysis with regard to the testing of controlled dangerous substances and he confirmed that the substances collected from Edwards were cocaine.

The State’s next witness was Edwards, the Cl. Edwards confirmed that he had known Defendant for about a year and a half prior to the purchases of cocaine that took place on April 27 & 28, 2009. Edwards confirmed that he often did work for detectives, including Officer Baker, |4for which he was paid substantial sums of money and that, oftentimes, he would be otherwise unemployed. Edwards verified that he and his vehicle were searched before he bought cocaine from Defendant and that he was given “buy money” to purchase the narcotics from Defendant. Edwards then confirmed Officer Baker’s testimony with regard to the undercover transactions he conducted with Defendant on April 27 & 28, 2009.

Edwards further testified that he did not try to talk Defendant into selling cocaine to him and that he had never used cocaine with Defendant. Edwards testified that he knew he would be able to buy cocaine from Defendant. When asked how he knew this, Edwards explained: “I’m saying the reason I bought the coke from him is because he the one that came to me. I seen him selling it at a party, you know.” Edwards testified that he did not tell Defendant that he was working with the police.

Edwards then confirmed that, in addition to the times that he had purchased cocaine from Defendant on April 27 & 28, 2009, he had seen Defendant sell cocaine to other people on other occasions. The following colloquy on cross-examination took place:

Q: But you don’t know of any other occasions?
A: Yeah, I know of occasion at a party that I threw.
Q: And did you see him do that?
[556]*556A: Yes.
Q: And who did he do it to?
A: It was a lot of different guys, you know. It was just like a big—
Q: Name — name one of them.
A: Nah. No, I’m not going to do that.

After Edwards refused to answer the question, the trial judge stopped the cross-examination and a bench conference took place. The jury was taken out of the courtroom and the court heard arguments by counsel on the questioning of the witness regarding to whom he had seen Defendant sell cocaine.

1 ¡jAfter reconvening, the judge explained, “[I]n order to show entrapment, entrapment is when it appears that an officer or someone acting for an officer instigated the defendant to commit an offense which the defendant otherwise would not have committed and had no intention of committing. It is not entrapment, however, if the defendant already had the requisite criminal intent and the officer or someone working for the officer merely furnished the defendant with the opportunity to commit the offense.”

The State then objected to the relevancy of defense counsel’s question asking Edwards to give the identities of the people to whom he had seen Defendant selling cocaine at the party.

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Cite This Page — Counsel Stack

Bluebook (online)
58 So. 3d 552, 2011 La. App. LEXIS 253, 2011 WL 721010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-henderson-lactapp-2011.