State v. Lankford

626 So. 2d 1217, 1993 La. App. LEXIS 3315, 1993 WL 431443
CourtLouisiana Court of Appeal
DecidedOctober 27, 1993
DocketNo. 25,282-KA
StatusPublished
Cited by2 cases

This text of 626 So. 2d 1217 (State v. Lankford) 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. Lankford, 626 So. 2d 1217, 1993 La. App. LEXIS 3315, 1993 WL 431443 (La. Ct. App. 1993).

Opinions

WILLIAMS, Judge.

Defendants, Keith W. Lankford, Gerald Braden and Jimmy Joe Chandler, were charged by grand jury indictment with one count of cultivation of marijuana, one count of possession of marijuana with intent to distribute and one count of conspiracy to possess more than 2,000 but less than 10,000 pounds of marijuana.

On the day of trial, but before voir dire began, Chandler entered a plea of guilty to one count of cultivation of marijuana. Pursuant to a plea agreement, all other charges against Chandler were dismissed, and a sentence cap of ten years was recommended in return for his testimony against all persons who were involved in the commission of the crimes.

During the jury selection, Braden pled guilty to one count of cultivation of marijuana and one count of conspiracy to possess more than 2,000 but less than 10,000 pounds of marijuana pursuant to a plea bargain. In fulfillment of the plea bargain, the remaining charge of possession of marijuana with intent to distribute was dismissed and a sentence cap of fifteen years on each count to run concurrently was recommended in return for his testimony against all persons who were involved in the commission of the crimes.

Lankford went to trial and was convicted by a jury. He was sentenced to serve fifteen years at hard labor for the cultivation of marijuana conviction and twenty years at hard labor for the conspiracy to possess more than 2,000 but less than 10,000 pounds [1219]*1219of marijuana.1 His sentences are to be served concurrently.

Lankford appeals, attacking the sufficiency of the evidence to support his conviction. Chandler and Braden complain that their sentences are excessive and that the trial court failed to follow the sentencing guidelines.

FACTS

Keith Lankford and a partner leased approximately 3,000 acres of farmland in DeSo-to Parish to plant and harvest wheat and soybeans. AG Services of America, Inc. (AG Services) financed their farming operation in return for a security interest in their crop. AG Services hired Ira Thrasher, a retired farmer, to oversee the farming operation and to protect its interest in the crops.

By late November 1990, approximately 2,000 acres of wheat had been planted. In April 1991, Gerald Braden brought Alberto Martinez, Jimmy Joe Chandler and Juan Perdomo to the farm ostensibly to do farming and fencing work. The three men lived in a dilapidated house located on the property.

Braden, Martinez, Chandler and Perdomo took part in the planting of the marijuana on the farmland near Bayou Pierre in an area that was hidden by brush and trees.

On July 20, 1991, officers of the Louisiana State Police and DeSoto Parish Sheriffs Department, acting on information received from a confidential informant, raided the farm, and discovered marijuana growing in the wheat fields, small marijuana plants growing in shallow trays and styrofoam cups, and a one-gallon jar containing 22,504 marijuana seeds in the kitchen. Approximately 1,500 marijuana plants were recovered. These plants were expected to yield approximately 2,775 pounds of marketable marijuana with a street value of approximately $5,000,-000.

DISCUSSION

Sufficiency of Evidence

Lankford argues that the evidence presented at trial was insufficient to support his conviction.

Under Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), the proper standard of appellate review for a sufficiency of evidence claim 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. State v. Bellamy, 599 So.2d 326 (La.App.2d Cir.1992), writ denied, 605 So.2d 1089 (La. 2d Cir.1992).

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. The statutory 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.” LSA-R.S. 15:438. However, this statutory rule for circumstantial evidence does not provide a separate test from the Jackson standard whenever the prosecution relies upon circumstantial evidence to prove an element of the offense. State v. Wright, 445 So.2d 1198 (La.1984); State v. Eason, 460 So.2d 1139 (La.App. 2d Cir.1984), writ denied, 463 So.2d 1317 (La.1985).

Although the circumstantial evidence rule may not establish a stricter standard of review than the more general rational jurors’ reasonable doubt formula, it does emphasize the need for careful observation of the usual standard and provides a helpful methodology for its implementation in cases that hinge upon the evaluation of circumstantial evidence. State v. Wright, supra; State v. Eason, supra.

This court’s authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson v. Virginia, supra, and does not extend to credibility determinations made by the trier of fact. LSA-Const. Art. 5, § 5(C); [1220]*1220State v. Williams, 448 So.2d 753 (La.App. 2d Cir.1984). A reviewing court accords great deference to a jury’s decision to accept or reject the testimony of a witness in whole or in part. State v. Rogers, 494 So.2d 1251 (La.App. 2d Cir.1986), writ denied, 499 So.2d 83 (La.1987).

Lankford contends that he leased the land for legitimate purposes and did not live on the land. He denies having any knowledge that the marijuana was on his farmland. The marijuana was growing in the back part of a 3,000 acre tract of land, and it was not readily visible because it was planted in an area surrounded by brush and trees. He contends that his claim that he did not know the marijuana was in the wheat fields is supported by the fact that Thrasher, who supervised the farming operations, was unaware of the presence of the marijuana. He also asserts that the insurance adjusters who surveyed the wheat fields for damage after heavy rains did not notice the marijuana either.

To prove a violation of LSA-R.S. 40:966(A), (C), the state must show that Lankford knowingly or intentionally produced and possessed marijuana. To prove the conspiracy charge, the state must further show that an agreement between two or more persons existed for the specific purpose of possessing the marijuana, and that one or more parties to the agreement did an act in furtherance of the agreement’s object. State v. Richards, 426 So.2d 1314 (La.1982); State v. Perez, 569 So.2d 609 (La.App. 2d Cir.1990), writ denied, 575 So.2d 365 (La.1991). An overt act need not be an unlawful act; it may be any act, however innocent in itself, accompanying or following the agreement, that is done in furtherance of its object. State v. Perez, supra. The elements of conspiracy may be proven by direct or circumstantial evidence. State v. Clark, 387 So.2d 1124 (La.1980), cert. denied, 449 U.S. 1103, 101 S.Ct. 900, 66 L.Ed.2d 830 (1981); State v. Perez, supra; State v. Brown, 398 So.2d 1381 (La.App. 2d Cir.1981).

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Related

State v. Jackson
641 So. 2d 1081 (Louisiana Court of Appeal, 1994)

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Bluebook (online)
626 So. 2d 1217, 1993 La. App. LEXIS 3315, 1993 WL 431443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lankford-lactapp-1993.