State v. Jack

829 So. 2d 1089, 2002 La.App. 3 Cir. 357, 2002 La. App. LEXIS 3282, 2002 WL 31473820
CourtLouisiana Court of Appeal
DecidedOctober 30, 2002
DocketNo. 02-357
StatusPublished
Cited by1 cases

This text of 829 So. 2d 1089 (State v. Jack) 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. Jack, 829 So. 2d 1089, 2002 La.App. 3 Cir. 357, 2002 La. App. LEXIS 3282, 2002 WL 31473820 (La. Ct. App. 2002).

Opinion

| DOUCET, Judge.

Francis Jack appeals his conviction for distribution of a substance falsely represented to be a controlled dangerous substance.

Jack was charged with distribution of a false controlled dangerous substance after an undercover agent with the Mamou Police Department purchased what she thought to be crack cocaine on March 24, 2001. He entered a plea of not guilty and was found guilty by a jury on December 11, 2001. On March 14, 2002, Jack was sentenced to four years at hard labor with credit for time served.

The Defendant appeals, assigning three errors.

SUFFICIENCY OF THE EVIDENCE

In his first two assignments of error, Jack asserts first that the jury’s verdict is inconsistent with the law and the evidence and second that he was not the person who distributed the false controlled dangerous substance.

When the issue of sufficiency of evidence is raised on appeal, the critical inquiry of the reviewing court 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. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State ex rel. Graffagnino v. King, 436 So.2d 559 (La.1983); State v. Duncan, 420 So.2d 1105 (La.1982); State v. Moody, 393 So.2d 1212 (La.1981). It is the role of the fact finder to weigh the respective credibilities of the witnesses, and therefore, the appellate court should not second guess the credi-
[1090]*1090bility determinations of the trier of fact beyond the sufficiency evaluations under the Jackson standard of review. See Graffagnino, 436 So.2d at 563, citing State v. Richardson, 425 So.2d 1228 (La. 1983). To obtain a conviction, the elements of the crime must be proven beyond a reasonable doubt.

State v. Freeman, 01-997, pp. 2-3 (La. App. 3 Cir. 12/12/01), 801 So.2d 578, 580.

| ^Distribution of a false controlled dangerous substance is defined in La.R.S. 40:971.1 and provides in pertinent part:

A. It shall be unlawful for any person to produce, manufacture, distribute, or dispense any substance which is represented to be a controlled dangerous substance and which is an imitation controlled dangerous substance, or any controlled dangerous substance which is a counterfeit controlled dangerous substance.

The testimonies of the persons involved differ. Officer Fontenot stated Quentin Jack flagged her down as she and her confidential informant drove in the area, while Quentin Jack stated that Officer Fontenot and the informant approached him about purchasing drugs when he was only trying to get a ride home. Additionally, Officer Fontenot stated as they approached the corner where the purchase took place, Quentin Jack got out of the vehicle and spoke with one of the young men, who she recognized as Francis Jack, standing on the corner. Quentin Jack stated as they approached the corner, he exited the vehicle and walked in the direction of his grandmother’s house, never talking to the individuals on the corner. Also, Officer Fontenot stated the Defendant was the person who gave her a rock in exchange for twenty dollars, while Quentin Jack stated the Defendant was not around, but was at his mother’s house. Further, the Defendant, Francis Jack, stated he was at his mother’s house the night of the alleged sale, and he has never sold any type of drugs. Although contending that Officer Fontenot could not have recognized him, the record shows that the Defendant testified that prior to March 24, 2001, he and Officer Fontenot were familiar with each other because she worked in a store that he visited before and after the crime at issue was committed. He stated he met Officer Fontenot in 2001, but did not remember her from elementary school.

|3In State v. Taylor, 96-1043, p. 5 (La. App. 3 Cir. 2/5/97); 688 So.2d 1262, 1267, this court addressed witness credibility when it stated:

A determination of the weight of evidence presented is a question of fact. The resolution of a matter where conflicting testimony exists requires a determination of credibility of the witnesses and is a matter of weight of the evidence and not sufficiency. Tibbs v. Florida, 457 U.S. 31, 102 S.Ct. 2211, [72 L.Ed.2d 652] (1982)[ ... ] Such a determination rests solely with the trier of fact who may accept or reject, in whole or in part, the testimony of any witness. State v. Nolan, 503 So.2d 1186 (La.App. 3 Cir.), ivrit denied, 507 So.2d 226 (La. 1987).
A fact-ñnder’s discretion will be impinged upon only to the extent necessary to guarantee the fundamental protection of due process of law. Jackson, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560. Where rational triers of fact could disagree as to the interpretation of the evidence, the rational trier’s view of all evidence most favorable to the prosecution must be adopted on review. Only irrational decisions to convict by the trier of fact will be overturned. See State v. Mussall, 523 So.2d 1305 (La.1988).

Considering the evidence presented, the jury’s acceptance of Officer Fontenot’s testimony and its rejection of Quentin Jack’s [1091]*1091and the Defendant’s testimonies are not irrational. Officer Fontenot identified the Defendant as the person who gave her the false narcotic. She stated she was able to recognize him despite his efforts to conceal his face. Additionally, the Defendant stated he and Officer Fontenot had seen each other on occasion prior to that night, which supports her testimony that she had seen him before and she knew who he was, thus strengthening her identification of the Defendant.

Again contesting the sufficiency of the evidence, in his third and final assignment of error, the Defendant asserts that even if he were the one who exchanged the false narcotic, he made no representations as to its content and, therefore, cannot be guilty of violating La.R.S.40:971.1. La.R.S. 40:971.1 provides that it is unlawful for one to produce, manufacture, distribute, or dispense any substance which is represented to be a controlled dangerous substance.

| ¿Testimony was presented to show a “rock” or “twenty” referred to crack cocaine and when Officer Fontenot asked Quentin Jack for a “rock” he knew she was referring to crack cocaine. Also, Keith Dupre, a detective with the Mamou Police Department, testified crack cocaine is referred to as a “rock” or as a “twenty” on the street and to refer to it any other way would expose them cover as undercover agents.

However, since there is no direct evidence to support the contention that the Defendant knew Officer Fontenot wanted to purchase crack cocaine, we will examine the circumstantial evidence.

La.R.S. 15:438 provides:

The rule as to circumstantial evidence is: assuming every fact to be proved that the evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence.

In State v. Davis, 92-1623, p. 11 (La.5/23/94); 637 So.2d 1012, 1020, cert denied, 513 U.S. 975, 115 S.Ct.

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829 So. 2d 1089, 2002 La.App. 3 Cir. 357, 2002 La. App. LEXIS 3282, 2002 WL 31473820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jack-lactapp-2002.