State v. Henton

682 So. 2d 777, 1996 WL 539653
CourtLouisiana Court of Appeal
DecidedSeptember 25, 1996
Docket28576-KA
StatusPublished
Cited by35 cases

This text of 682 So. 2d 777 (State v. Henton) 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. Henton, 682 So. 2d 777, 1996 WL 539653 (La. Ct. App. 1996).

Opinion

682 So.2d 777 (1996)

STATE of Louisiana, Appellee,
v.
Walter HENTON, Appellant.

No. 28576-KA.

Court of Appeal of Louisiana, Second Circuit.

September 25, 1996.

*778 Samuel H. Thomas, Tallulah, for Appellant.

Richard Ieyoub, Attorney General, James Caldwell, District Attorney, James T. Phillips, Assistant District Attorney, for Appellee.

Before NORRIS and STEWART, JJ., and PRICE, J. Pro Tem.

STEWART, Judge.

A jury found the defendant, Walter Henton, guilty of Distribution of Cocaine, a violation of La. R.S. 40:967 A(1). The trial court sentenced Henton to serve eighteen years imprisonment at hard labor with credit for time served. On appeal the defendant argues two assignments of error. For these reasons, we affirm the conviction and sentence.

FACTS

On January 15, 1993, Tallulah Police Department narcotics agents (TPD) were joined by two Vernon Parish Leesville Drug Task Force officers, Larry Fulks (Fulks) and Michael Gore (Gore). The officers joined as part of an undercover operation to make drug purchases in known drug trafficking areas. At the beginning of the operation, the TPD had not targeted any suspects for investigation. The officers traveled in two cars. One car was equipped with a video camera to record the transactions. In this car, the officers made buys. The second car was used for surveillance during the transactions. Lieutenant Willie Joe Turner (Turner), Chief Williams and Major Brandly, the assistant chief, traveled in the surveillance car.

Near 8:00 p.m., the two Vernon Parish officers and one disguised Tallulah officer drove to a suspected drug trafficking area in the video equipped car. The officers attempted to purchase crack cocaine. Gore handled the "negotiations" during the deals and Fulks was the driver. Patrolman James Guyton rode in the backseat of the vehicle providing directions and identification of suspects when possible.

As the officers neared the store parking lot of Hattaway's, several individuals approached and offered to sell twenties ($20 worth of crack cocaine). Henton was among those individuals. The defendant approached the car and asked who was in the vehicle. Gore stated that only he and his "Pawpaw" (meaning Fulks) were in the car. Henton instructed the officers to drive down the street and stop the car, all of which was recorded on the surveillance video. The officers drove the car west on Levee St. to a Conoco station parking lot. They stopped in a well-lit area where defendant showed the officers a rocklike substance. Gore commented to the defendant that he thought the rock was small and asked Fulks his opinion regarding the size. Officer Fulks examined it, and the defendant placed the "rock" in Officer Gore's hand in exchange for $20.00. Gore placed the "rock" in his jacket pocket. Immediately after this purchase from the defendant, the officers purchased an additional "rock" from a different individual. They returned to their "staging area" to review the video tape and turn evidence over to the case officer, Lt. Willie Turner. Patrolman Guyton identified Henton before viewing the video tape. The other TPD officers, previously acquainted with Henton, identified the defendant after viewing the video.

Officer Gore transferred the evidence obtained during the purchases to Turner and identified the evidence obtained from each sale. After Turner received the evidence, he placed it in an evidence bag with a label that indicated the time of the sale, the time he received the evidence, the date, and the number of the transaction.

At his trial, Henton did not testify or present any evidence on his behalf. The jury found the defendant guilty of distribution of cocaine

Discussion

Assignment No. 1: Whether after reviewing all of the evidence in the light most favorable to the state, whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.

Henton alleges that the evidence presented was not sufficient to prove that he distributed cocaine. The state could not attribute to him the substance that tested positive for *779 cocaine. Conversely, the State alleges it presented sufficient evidence to prove the defendant knowingly and intentionally sold crack cocaine to undercover officers.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard of appellate review for a sufficiency of evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. State v. Bellamy, 599 So.2d 326 (La. App. 2d Cir.), writ denied, 605 So.2d 1089 (1992).

The offense of distribution of cocaine is defined in pertinent part in LSA-R.S. 40:967(A):

Except as authorized by this Part or by Part VII-B of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any person knowingly or intentionally:
(1) To produce, manufacture, distribute or possess with intent to produce, manufacture, distribute or dispense, a controlled dangerous substance classified in Schedule II.

Cocaine is a Schedule II controlled dangerous substance. See La. R.S. 40:964, Schedule II(A)(4). State v. Williams, 618 So.2d 606 (La.App. 2d Cir.1993).

The crime of distribution is the knowing and intentional distribution of a controlled dangerous substance. State v. Fairley, 25,951 (La.App.2d Cir. 5/4/94), 645 So.2d 213. Therefore, to convict the defendant of this offense, the state must prove that Walter Henton did knowingly and intentionally distribute cocaine.

After review of the record we find that the testimony and evidence presented was sufficient for a rational trier of fact to find the Henton guilty. The three officers in the car equipped with the surveillance video (Gore, Fulks, and Guyton) identified Walter Henton as one of the individuals who sold them a rock of cocaine.

During Officer Gore's testimony, the State played the video tape for the jury. Gore testified that an individual later identified as Henton approached the car. The officer said that he exchanged with the defendant $20.00 for cocaine. Gore identified Henton in court as the person who sold him the cocaine.

Fulks testified he saw Henton with the cocaine in his hand. Additionally, Fulks stated he saw the exchange between Gore and the defendant with the defendant receiving $20.00 for the cocaine rock. Fulks did not learn the name of the defendant until TPD officers reviewed the video tape; however, during his testimony, Fulks identified the defendant in court as the seller of the cocaine rock.

Patrolman Guyton testified he was in the vehicle at the time of the drug purchase and that he saw the defendant approach the car. He was able to hear the transaction, but was unable to see the transfer of the cocaine for the money because he was sitting in the backseat of the car.

The surveillance video camera recorded the entire transaction. After viewing the video tape of the transaction, Turner and Brandly also identified Henton as the person who sold Gore and Fulks the drugs. Guyton, Lt. Turner, and Major Brandly were familiar with the defendant before the sale. After negotiating the sell, the undercover officer exchanged a $20.00 bill for the rock of cocaine. The officer placed the suspected drugs in his pocket.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Colby
244 So. 3d 1260 (Louisiana Court of Appeal, 2018)
State v. James
754 So. 2d 429 (Louisiana Court of Appeal, 2000)
State v. Owens
763 So. 2d 628 (Louisiana Court of Appeal, 1999)
State v. Thomas
745 So. 2d 776 (Louisiana Court of Appeal, 1999)
State v. Rowe
747 So. 2d 619 (Louisiana Court of Appeal, 1999)
State v. Watson
743 So. 2d 239 (Louisiana Court of Appeal, 1999)
State v. Shine
741 So. 2d 178 (Louisiana Court of Appeal, 1999)
State v. Soles
730 So. 2d 1053 (Louisiana Court of Appeal, 1999)
State v. Rice
736 So. 2d 956 (Louisiana Court of Appeal, 1999)
State v. Green
724 So. 2d 812 (Louisiana Court of Appeal, 1998)
State v. Emerson
722 So. 2d 373 (Louisiana Court of Appeal, 1998)
State v. Henderson
721 So. 2d 85 (Louisiana Court of Appeal, 1998)
State v. Patrick
721 So. 2d 94 (Louisiana Court of Appeal, 1998)
State v. Baker
720 So. 2d 767 (Louisiana Court of Appeal, 1998)
State v. Crowder
718 So. 2d 1061 (Louisiana Court of Appeal, 1998)
State v. Cooper
718 So. 2d 1063 (Louisiana Court of Appeal, 1998)
State v. Randle
719 So. 2d 169 (Louisiana Court of Appeal, 1998)
State v. Wilson
718 So. 2d 546 (Louisiana Court of Appeal, 1998)
State v. Maxie
719 So. 2d 104 (Louisiana Court of Appeal, 1998)
State v. Webb
715 So. 2d 99 (Louisiana Court of Appeal, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
682 So. 2d 777, 1996 WL 539653, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-henton-lactapp-1996.