State v. Landrum

796 So. 2d 94, 2001 WL 1132040
CourtLouisiana Court of Appeal
DecidedSeptember 26, 2001
Docket35,053-KA
StatusPublished
Cited by7 cases

This text of 796 So. 2d 94 (State v. Landrum) 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. Landrum, 796 So. 2d 94, 2001 WL 1132040 (La. Ct. App. 2001).

Opinion

796 So.2d 94 (2001)

STATE of Louisiana, Appellee,
v.
Paul LANDRUM, Appellant.

No. 35,053-KA.

Court of Appeal of Louisiana, Second Circuit.

September 26, 2001.

*96 Michael W. Kelly, Counsel for Appellant.

Richard Ieyoub, Attorney General, William R. Coenen, Jr., District Attorney, Penny W. Douciere, Assistant District Attorney, Counsel for Appellee.

Before BROWN, CARAWAY and KOSTELKA, JJ.

CARAWAY, Judge.

After failing to return to court on the second day of his trial, the defendant was convicted of distribution of cocaine. When apprehended more than a year later, the trial court sentenced the defendant to 15 years at hard labor. The defendant now appeals, asserting four assignments of error. For the following reasons, we affirm the conviction and sentence.

Facts and Trial Court Proceedings

On July 28, 1998, the Richland Parish Sheriffs Office conducted an undercover drug operation in Rayville using a deputy from the Madison Parish Sheriffs Office, Officer Antonio Johnson ("Officer Johnson"). Officer Johnson's undercover vehicle was a pick-up truck, wired for both sound and video. The micro video camera was concealed inside the cab of the truck. Officer Johnson would drive slowly through known drug areas, waiting for a dealer to flag him down.

The Richland Apartments was such a targeted area for undercover police operations that day. Before reaching the apartments, Officer Johnson stopped at a nearby Citgo station, where a drug dealer approached him and subsequently sold him two rocks of crack cocaine. After the buy, Officer Johnson put the rocks in a small bag. Instead of going to the "secure area" and giving the contraband to a supervising officer, Officer Johnson instead drove to the apartment complex, stopping near Unit # 2. When the defendant, Paul Landrum ("Landrum"), approached the driver's side and spoke to him, Officer Johnson said he was looking for a "twenty," and asked Landrum if he knew how to get some.

Landrum told Officer Johnson to wait as he walked behind the vehicle near Apartment Unit # 2. With Officer Johnson watching, Landrum walked into the breezeway of Unit # 2, over to Greg McMillian, who was also in the breezeway. The officer saw Landrum reach into his pocket, hand something to McMillian, and exchange hands with McMillian in a high five gesture. McMillian immediately *97 walked over to the officer's truck, without putting his hands in his pockets.

As Landrum watched from 15 to 20 feet away, McMillian asked Officer Johnson if he was a police officer. The officer reminded McMillian that McMillian had just sold him some crack the day before. McMillian handed the officer an unpackaged rock of crack cocaine, and the officer handed him $20.00. McMillian turned around, walked back to Landrum, and handed Landrum the money. The camera videotaped portions of the transaction, including Landrum approaching Officer Johnson and McMillian bringing the cocaine to him. However, because the camera was aimed towards the driver's side window of the truck, the exchange that occurred between Landrum and McMillian could not be videotaped.

After the buy, and as soon as he was out of McMillian's sight, Officer Johnson put the cocaine in a small bag, separate from the other bag containing the crack cocaine he bought first. He immediately drove to the secure area and delivered the bag to Officer Perry Fleming, who placed it in a larger evidence bag, and labeled it with a case number and the number "2," to distinguish it from the evidence in the other small bag. Both officers signed the label on the larger evidence bag.

Landrum and McMillian were subsequently arrested for distribution of cocaine. McMillian pled guilty, and agreed to testify against the defendant. After Landrum was arraigned for distribution of cocaine, his counsel filed a motion for discovery. The state provided the defendant with all of the discoverable information it possessed at the time. However, on the Saturday before the trial began, the district attorney's office photographed the apartment complex and the truck used in the buy. Copies of these photographs were not furnished to Landrum prior to trial.

A jury trial began on September 21, 1999. Landrum, who was out on bond, was present during the first day when the jury was selected. Landrum and his family were absent from court the next morning. Defense counsel advised the court that he could not find Landrum. Following a hearing, the trial court found that Landrum had voluntarily absented himself, and that the trial could proceed without him. The trial court instructed the jury that Landrum would not be present, but that his absence did not alter the state's burden of proof. At the end of the trial, the jury unanimously convicted Landrum of distribution of cocaine. After the verdict, the trial court issued a bench warrant for Landrum's arrest as a fugitive. Landrum remained at large for more than a year following his conviction. At Landrum's sentencing on December 19, 2000, the trial court noted that this was defendant's third felony conviction, and sentenced him to 15 years at hard labor.

Discussion

Defendant's Absence at Trial

In his first assignment of error, Landrum argues that La.C.Cr.P. art. 831 requires that the defendant be present for trial and that the state did not establish that he had voluntarily absented himself from trial.

La.C.Cr.P. art. 831 provides, in pertinent part:

A. Except as may be provided by local rules of court in accordance with Articles 522 and 551, a defendant charged with a felony shall be present:
* * * *
(3) At the calling, examination, challenging, impanelling, and swearing of the jury, and at any subsequent proceedings *98 for the discharge of the jury or of a juror;
(4) At all times during the trial when the court is determining and ruling on the admissibility of evidence;
(5) In trials by jury, at all proceedings when the jury is present, and in trials without a jury, at all times when evidence is being adduced....

La.C.Cr.P. art. 832 provides, in pertinent part:

A. A defendant initially present for the commencement of trial shall not prevent the further progress of the trial, including the return of the verdict, and shall be considered to have waived his right to be present if his counsel is present or if the right to counsel has been waived and:
(1) He voluntarily absents himself after the trial has commenced, whether or not he has been informed by the court of his obligation to be present during the trial....

La.C.Cr.P. art. 831 states a defendant's due process right to be present at every stage of the trial when his absence might frustrate the fairness of the proceeding. However, the provisions of La. C.Cr.P. art. 831 are not absolute. A defendant may waive his right to be present by voluntarily absenting himself from the trial. La.C.Cr.P. art. 832. In the case of a defendant who voluntarily absents himself from trial, the next inquiry is whether the defendant's attorney was present at every stage of the proceeding. If so, the defense attorney's presence is sufficient to satisfy the due process requirements of La.C.Cr.P. arts. 831 and 832. State v. Bolton, 408 So.2d 250, 257-258 (La.1981).

The record shows that Landrum was present when the trial began with jury selection on September 21, 1999. After the jury was seated, proceedings to begin taking evidence were adjourned until the next day.

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Cite This Page — Counsel Stack

Bluebook (online)
796 So. 2d 94, 2001 WL 1132040, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-landrum-lactapp-2001.