State v. Hill

194 So. 3d 1262, 2016 La.App. 4 Cir. 0123, 2016 La. App. LEXIS 1097, 2016 WL 3090903
CourtLouisiana Court of Appeal
DecidedJune 1, 2016
DocketNo. 2016-KA-0123
StatusPublished
Cited by4 cases

This text of 194 So. 3d 1262 (State v. Hill) 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. Hill, 194 So. 3d 1262, 2016 La.App. 4 Cir. 0123, 2016 La. App. LEXIS 1097, 2016 WL 3090903 (La. Ct. App. 2016).

Opinion

EDWIN A. LOMBARD, Judge.

liThe defendant Bryan K, Hill appeals his conviction for .attempted possession with intent to distribute cocaine and attempted possession of marijuana. After review of the record in light of the applicable law and arguments of the parties, including the defendant’s pro se brief, we affirm the defendant’s convictions and sentences, remanding the matter back to the trial court with instructions to amend the pertinent docket master and minute entry from the sentencing judgment of the sentencing hearing to conform with the related transcript. We-furth'er direct the Clerk of Court for Criminal Court to transmit the corrected documents to the officer in charge of the institution to which the defendant has been sentenced and to the Louisiana Department of Corrections Legal Department.

Relevant Procedural History

The defendant was charged by bill of information on May 29, 2009, with one count of possession with intent to distribute cocaine and one count of possession with intent to distribute marijuana. After a motion, hearing on December 10, 2009, the trial court found probable cause and denied defendant’s motion to suppress evidence. After a Prieur1 hearing on November 4, 2011, the | atrial court granted the State’s motion in part, allowing the State to introduce evidence of the defendant’s prior narcotics convictions. On April 10, 2012, after a jury trial that began on April 4, thé defendant was found guilty of attempted possession with intent to distribute cocaine and attempted possession of marijuana-first offense. On May 25, 2012, the defendant was sentenced to ten years at hard labor on the attempted possession with intent to distribute cocaine conviction and ninety days in Orleans Parish Prison on the attempted possession of marijuana-first offense conviction. The defendant was subsequently adjudicated a multiple offender on the possession with intent to distribute cocaine, charge; his original sentence on that conviction was vacated and the defendant was resen-tenced to twenty-five years at hard labor.

Both the defendant and the State filed motions to reconsider sentence; the trial court denied both motions. On April 6, 2015, the defendant filed an application for post-conviction relief seeking an out of time appeal. The application was granted on July 6, 2015, and this appeal follows;

[1265]*1265 Relevant Facts

The following facts were adduced at trial. Police officers in the New- Orleans Police Department (NOPD) Second District Narcotics Unit established a surveillance under the direction of Officer Louis Faust in the area of Allen Street and North Galvez on April 28, 2009, which resulted in'the defendant’s arrest.

Officer Deyin: Jones related that, under the direction of Officer Faust, he proceeded to the 2100 block of Allen Street in plain clothes and in an unmarked police car to look for an African American male wearing a black cap and blacky tee shirt who was allegedly selling narcotics at the intersection. He saw an individual (subsequently identified as the defendant) who fit the description holding aJjPopeye’s bag. Officer Jones then observed a man wearing a white, shirt walked up to the defendant, speak briefly, and , give him money After receiving the money, the defendant opened the Popeye’s bag, retrieved an object from the bag, and gaye it to the man who then walked down Galvez Street towards A.P. Tureaud Street. Officer Jones, having observed what appeared to be a narcotics transaction,, called Officer Faust and advised him to stop the man in the white shirt as he left the area because he believed the man had just purchased narcotics.

-Officer Jones continued to watch the defendant standing at. the intersection and, after about ten minutes, observed him walk towards the 2000 block of Allen Street (with the Popeye’s bag still in his hand), stop at the abandoned blue house two or three houses from the corner, and disappear from yiew around the left side of the house. • When he reappeared a few minutes later, the defendant no longer held the Popeye’s bag. He walked back to the corner of Allen and North Galvez and crossed the street to speak with two women. Officer Jones relayed this information to Officer Faüst and watched as a back-up team arrived and detained the defendant, then joined his fellow officers at the abandoned house where^the canine unit found the Popeye’s bag. and narcotics.

Officer Faust testified, confirming Officer Jones testimony pertaining to the details of the surveillance. Officer Faust related that the defendant was detained and. advised that he was under investigation for narcotics activities after probable cause existed to support a stop. Officer Faust’s team then relocated to the abandoned building and called in a canine unit. After the canine alerted on the left side of the house, the officers found a white and red Popeye’s paper bag containing three baggies of marijuana and several pieces of crack cocaine underneath the hhouse.2 In a search incident to his arrest, the defendant was found to have one hundred thirty dollars on him (five twenty dollar bills, two ten dollar- bills, one five dollar bill and five one dollar bills). The defendant acknowledged that he resided-at 2125 Allen Street.

Sergeant Robert Dassel testified that on August. 19, 1998, he was assigned to the Fifth District Task Force -and, along with Officers Warren Walker and Earl Razor, participated in the investigation and arrest of‘the defendant for narcotics activity in the area of Allen and North Dorgenois Streets. Prior to arresting the defendant, the' officers were on patrol and- observed the defendant riding a bicycle. The defendant made a hand gesture towards a stopped vehicle, approached the driver’s [1266]*1266side of the vehicle, and engaged in a hand-to-hand transaction. As the officers approached, the defendant began to pedal off. The officers stopped the defendant and conducted a pat down, finding a rock of cocaine in the defendant’s left pants pocket and seventy-five dollars in his right pants pocket. The defendant gave his address as 2125 Allen Street.

Officer Brian Elsensohn, a member of the NOPD Special Operations Division, testified that on February 27, 1999, he investigated and arrested the defendant at the intersection of New Orleans and Ro-cheblave Streets. At approximately 8 p.m. that evening, Officer Elsensohn was on patrol with Officer Todd Morel and observed the defendant riding a bicycle on Rocheblave Street. When the defendant looked over his right shoulder and saw the police vehicle, he looked nervous and pedaled faster, arousing the officers’ ■ suspicions. The |defendant kept looking over his shoulder at the police vehicle and, making a left turn onto New Orleans Street, nearly struck a vehicle stopped at a stop sign. The defendant lost control of the bike, jumped off and walked away, leaving it in the street. Becoming extremely suspicious, the officers followed the defendant and saw him discard a clear plastic bag. Believing that the bag contained- some form of narcotics or contraband, the -officers stopped their vehicle and-Officer Morel detained the defendant while Officer Elsensohn retrieved the ■ bag which contained three marijuana cigars. The defendant was arrested for possession of marijuana. The defendant, gave his address as 2125 Allen Street.

Officer Ray Jones testified that at approximately 8:50 a.m.

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Cite This Page — Counsel Stack

Bluebook (online)
194 So. 3d 1262, 2016 La.App. 4 Cir. 0123, 2016 La. App. LEXIS 1097, 2016 WL 3090903, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hill-lactapp-2016.