State v. James

980 So. 2d 769, 2007 La.App. 4 Cir. 1103, 2008 La. App. LEXIS 360, 2008 WL 659576
Louisiana Court of Appeal·Decided March 12, 2008·No. No. 2007-KA-1103·Published·Cited by 2 cases

Opinions

MICHAEL E. KIRBY, Judge.

STATEMENT OF CASE

On April 22, 2005, the State filed a bill of information charging Darell James and other codefendants with one count each of possession of twenty-eight to two hundred grams of cocaine, possession with the intent to distribute marijuana, and possession with the intent to distribute crack cocaine.1 At his arraignment on May 2, James pled not guilty to all charges. The court heard testimony on pretrial motions on June 24 and July 25, 2005, and it set a ruling date of September 16, 2005. In the aftermath of Hurricane Katrina, the court denied the defendants’ motion to suppress the evidence on March 27, 2006. One of James’ codefendants took writs, but this court denied writs on the basis that the defendant would have an adequate remedy on appeal if ultimately convicted. State v. Wilson, unpub. 2006-0580 (La.App. 4 Cir. [771]*7716/7/06). The Supreme Court denied writs as well. State ex rel. Wilson v. State, 2006-2832 (La.1/8/07), 948 So.2d 135. The ease was reset several more times due to the unavailability of various defense attorneys. On December 18, defense attorneys filed another motion to suppress the evidence. _[¿On February 19, 2007, the court once again denied the motion to suppress the evidence, and after a preliminary hearing, it found probable cause to hold the defendants for trial. A different codefen-dant noted his intent to seek relief, and this court eventually denied writs. State v. James, unpub. 2007-0336 (La.App. 4 Cir. 4/18/07). On May 1, James withdrew his plea of not guilty to the possession of twenty-eight to two hundred grams of cocaine charge and pled guilty as charged2, reserving his right to appeal the court’s ruling on his motion to suppress the evidence as per State v. Crosby, 338 So.2d 584 (La.1976). The court then sentenced James to serve five years at hard labor without benefit of parole, probation, or suspension of sentence, the sentence to be served concurrently with his sentences in case # 455-514, wherein he received a five-year sentence for his plea to a separate charge of possession of cocaine3, and to his six-month sentence in case # 455-554, wherein he pled guilty to simple possession of marijuana, first offense. The court granted James’ motion for appeal on May 9.

FACTS

Darell James was one of four men arrested on March 23, 2005 at the Keep Moving Car Wash located at the corner of N. Prieur and Dumaine Streets. At the June 24, 2005 suppression hearing, Det. Nicole Barbe testified that on that day she and her partner Det. Kori Keaton received information from Sgt. Todd Morrell concerning drug activity at the car wash. Sgt. Morrell told them that he learned from a confidential informant that several subjects were bagging cocaine and | smarijuana at the car wash. Det. Barbe testified that at approximately 10:30 p.m. she and Det. Keaton decided to drive to the business to investigate the tip. She stated that when they arrived, the business looked closed, but they could see a light on inside the building. She testified that she could see that garage doors on the N. Prieur side of the building were chained together but not completely closed. She estimated that the doors were eight to ten feet from the sidewalk, but there was nothing between the doors and the sidewalk to hinder her sight of or movement toward the doors. She stated that she walked up to the doors and looked through the crack. Inside she saw two men sitting at a table on top of which was a freezer bag of what appeared to be marijuana. Small ziplock bags and a handgun were also on the table. Det. Barbe estimated that she was approximately fifteen feet from the table, and she identified the men sitting at the table as the defendants Harry Wilson and Darell James.

Det. Barbe testified that she returned to her partner and told him what she had seen. She testified that they notified dispatch, asking for backup, and then Det. Keaton knocked on the front door of the business while she went back to the garage door. She testified that after Det. Keaton knocked, she saw people running through the building and saw one person climb up [772]*772onto something in the front of the room. Det. Barbe testified that officers entered and secured the building, handcuffing everyone inside and taking them outside. She stated that she then left to obtain a warrant to search the building. Det. Barbe testified that she called her partner once the warrant was signed, and then she returned to the car wash to assist in the search. She stated that officers seized the freezer bag of marijuana from the rafters of the room where she saw the person climbing. She testified that she saw James in a bathroom flushing something down the toilet when she entered the pbuilding. She stated that no drugs were found during a search of James. She identified those arrested on the scene as James, Wilson, Nathaniel Fournette, and Allen Robichaux.

At the same hearing, Off. Athena Mon-teleone testified that she helped execute the search warrant for the building, but she did not recover any contraband or arrest or search anyone. She estimated that there were seven police units on the scene during the search. She stated that she entered the building after Det. Keaton entered, but she remained in the first room and left after the scene was secured. She stated that when she arrived on the scene, Det. Barbe was outside the building.

Det. Kori Keaton also testified at the June 24, 2005 hearing and stated that after receiving information from Sgt. Morrell concerning the tip from the C.I., he and Det. Barbe drove to the car wash. Det. Keaton testified that he had made arrests from the car wash in the past. He testified that when he and Det. Barbe set up a surveillance of the building, they saw no activity, but there were lights on inside the building. Det. Keaton testified that Det. Barbe walked up to garage doors on the N. Prieur side of the building and looked inside through a crack between the doors. He stated that Det. Barbe told him that she saw two men inside the building, sitting at a table upon which were a plastic bag of marijuana, packaging materials, and a gun. He stated that he then went to the front of the building, while she remained at the side of the building. Det. Keaton testified that he called for backup and knocked on the front door of the business. He stated that there was a sheet over the glass on the door, but the sheet was open, and he could see all the way to the back of the building. He stated that he also announced his presence, and he could see Robichaux run into the room with a gun in his hand. 1 sDet. Keaton testified that Ro-bichaux looked out the window, yelled “5-0,” and ran back out of the room.

Det. Keaton testified that he then saw Fournette come into the room with a brown paper bag in his hand. He stated that he saw Fournette place the bag into a bin located at the door to the second room and cover the bag with a towel. Fournette then went to the window and looked out, and Det. Keaton told him to open the door. Fournette hesitated and then opened the door. Det. Keaton testified that he advised Fournette of his rights and told him that he was under investigation for drug activity. Det. Keaton testified that Four-nette told him that he was the manager of the car wash and asked if there was a problem. Det. Keaton testified he pushed past Fournette, and another officer secured Fournette. Det. Keaton walked into the second room, where he found Robi-chaux sitting on a couch. Det.

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State v. James, 980 So. 2d 769, 2007 La.App. 4 Cir. 1103, 2008 La. App. LEXIS 360, 2008 WL 659576 (La. Ct. App. 2008).

980 So. 2d 769 (State v. James) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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