State v. Keys

125 So. 3d 19, 2013 WL 4759279
CourtLouisiana Court of Appeal
DecidedSeptember 4, 2013
DocketNo. 2012-KA-1177
StatusPublished
Cited by15 cases

This text of 125 So. 3d 19 (State v. Keys) 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. Keys, 125 So. 3d 19, 2013 WL 4759279 (La. Ct. App. 2013).

Opinion

ROLAND L. BELSOME, Judge.

IrPROCEDURAL HISTORY

The defendant, Charles Ray Keys, was charged by bill of information with one count of possession with the intent to distribute heroin, one count of possession with the intent to distribute cocaine, and one count of possession of marijuana. He pled not guilty at arraignment. After a hearing, the trial court denied his motion to suppress the evidence and found probable cause.

At his first trial, the jury found the defendant not guilty of possession with intent to distribute heroin; however, it was unable to reach a legal verdict as to the possession with intent to distribute cocaine charge. The State later filed notice of its intent to introduce evidence of similar crimes, and the trial court ruled that evidence of the defendant’s two prior convictions would be admissible at trial.1

At a second trial on the cocaine distribution and marijuana charges, the defendant [25]*25was found guilty of the lesser included offense of attempted possession with intent to distribute cocaine by a jury. In addition, the trial court found the ^defendant guilty as charged of possession of marijuana, and sentenced him to six months imprisonment. The defendant’s motions for new trial and post-verdict judgment of acquittal were denied. He was then adjudicated a second felony offender, and sentenced to twenty-five years imprisonment with the first two years being without benefit of probation, parole, or suspension of sentence.2 After sentencing, the trial court denied the defendant’s motion to reconsider sentence. This appeal followed.

FACTS

After receiving information from a reliable confidential informant that an individual was selling crack cocaine from a trailer located at 4500 America Street,3 Detective Derek Burke of the Major Case Narcotics Unit of the New Orleans Police Department began an investigation. On October 25, 2010, Detective Burke conducted a controlled purchase, whereby the informant entered the trailer and exited a few minutes later. Once the purchase was complete, the informant returned to the detective’s unmarked vehicle, and relinquished one piece of crack cocaine wrapped in plastic. On cross-examination, Detective Burke testified that although he did not have a description of the suspect, the informant gave him the name “Ray.”

The following day, Detective Burke obtained a search warrant for the trailer. While conducting surveillance prior to executing the warrant with his team, he observed the defendant exit the trailer, enter a white Cadillac, and drive away. At 1¡¡that time, Detective Burke broadcasted a description of the defendant, the vehicle, and his direction of travel.

Based on the information received from Detective Burke, members of the take-down unit detained the defendant at a nearby gas station, and relocated him back to the trailer, where he remained in a police unit with Detective Christopher Henly. During a search of the dilapidated trailer,4 the narcotics detectives recovered a bag of marijuana, a digital scale, a box of sandwich bags, and seven pieces of crack cocaine.5 The detectives also located several items addressed to or containing the defendant’s name: a recent medical bill, an employment application, and a valid Louisiana Identification Card.6 As a result of the search, the defendant was arrested. Incident to arrest, Detective Henly [26]*26searched the defendant and retrieved thirty-two dollars from his person.7

DISCUSSION

In this appeal, the defendant asserts three counseled assignments of error, and numerous pro se assignments of error, which also incorporate the assignments of error addressed by counsel. In his first counseled and pro se assignment of error, the defendant argues that the evidence was insufficient to support the jury’s responsive verdict of attempted possession with the intent to distribute cocaine.

|4When reviewing the sufficiency of the evidence to support a conviction, this court is controlled by the standard set forth by the United States Supreme Court in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), which dictates that to affirm a conviction “the appellate court must determine that the evidence, viewed in the light most favorable to the prosecution, was sufficient to convince a rational trier of fact that all of the elements of the crime had been proved beyond a reasonable doubt.” State v. Captville, 448 So.2d 676, 678 (La.1984). Further, evidence sufficient to support the charged offense will be deemed to be sufficient to support the responsive verdict where the defendant does not object to the inclusion of the responsive verdict. State v. Colbert, 07-947, p. 13 (La.App. 4 Cir. 7/23/08), 990 So.2d 76, 84-5 (citing State v. Harris, 02-1589 (La.5/20/03), 846 So.2d 709; and State ex rel. Elaire v. Blackburn, 424 So.2d 246 (La.1982)).

In the absence of internal contradiction or irreconcilable conflict with the physical evidence, one witness’s testimony, if believed by the trier of fact, is sufficient to support a factual conclusion. State v. Robinson, 02-1869, p. 16 (La.4/14/04), 874 So.2d 66, 79 (citation omitted). Under the Jackson standard, the rational credibility determinations of the trier of fact are not to be second guessed by a reviewing court. State v. Juluke, 98-341 (La.1/8/99), 725 So.2d 1291, 1293 (citation omitted). “[A] reviewing court is not called upon to decide whether it believes the witnesses or whether the conviction is contrary to the weight of the evidence.” State v. Smith, 600 So.2d 1319, 1324 (La.1992) (citation omitted).

|SA fact finder’s discretion will be impinged upon only to the extent necessary to guarantee the fundamental protection of due process of law. 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. State v. Winston, 11-1342, p. 8 (La.App. 4 Cir. 9/12/12), 100 So.3d 332, 337 (citations omitted).

In support of his argument that the evidence was insufficient to support his conviction, the defendant makes two claims: 1) the evidence did not establish possession; and 2) the evidence did not demonstrate the requisite intent to distribute.

First, the defendant submits that the State failed to prove possession of the cocaine. He points to the fact that cocaine was not recovered from his person. He also notes that State failed to produce the registration certificate or other evidence that he owned the mobile trailer in question. He emphasizes that no forensic evidence was submitted linking him to the [27]*27shoe where the cocaine was found. He further suggests that others had free access to the “open and abandoned trailer.”

To support a conviction for possession of a controlled dangerous substance, the State must initially prove that the defendant knowingly and intentionally possessed the drug. State v. Perron, 01-214, p. 6 (La.App. 4 Cir. 1/16/02), 806 So.2d 924, 928.

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Bluebook (online)
125 So. 3d 19, 2013 WL 4759279, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-keys-lactapp-2013.