State v. Lawrence

120 So. 3d 812, 2012 La.App. 4 Cir. 1026, 2013 WL 3376660, 2013 La. App. LEXIS 1392
CourtLouisiana Court of Appeal
DecidedJuly 3, 2013
DocketNo. 2012-KA-1026
StatusPublished
Cited by5 cases

This text of 120 So. 3d 812 (State v. Lawrence) 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. Lawrence, 120 So. 3d 812, 2012 La.App. 4 Cir. 1026, 2013 WL 3376660, 2013 La. App. LEXIS 1392 (La. Ct. App. 2013).

Opinion

SANDRA CABRINA JENKINS, Judge.

| ¶ Defendant appeals his convictions and sentences for distribution of cocaine and possession of cocaine. We find the defendant was not prejudiced by the prosecutor’s closing arguments and therefore there is no abuse of the trial court’s discretion in denying defendant’s motion for mistrial. We do, however, find error in the trial court’s sentencing as to defendant’s conviction on count two. We affirm defendant’s convictions and his sentence as to count one. Defendant’s sentence as to count two is vacated and remanded to the trial court for resentencing in accordance with this opinion.

STATEMENT OF CASE

On June 12, 2008, the state charged Michael J. Lawrence with one count of distribution of cocaine and one count of possession with intent to distribute cocaine. A co-defendant, Louis Seymour, was charged with one count of distribution of cocaine. Trial commenced in this matter on December 5, 2012. The jury found the defendant guilty as charged on count one, distribution of cocaine, and guilty of the lesser included offense, simple possession of cocaine, on count two. As to count one, the trial court sentenced the defendant to five years imprisonment for the offense of distribution of cocaine. The sentencing transcript | ¡.reflects that the trial court sentenced the defendant, on count two, to five years imprisonment for his conviction for “possession with intent to distribute cocaine.” It is from these convictions and sentences the defendant now appeals.

STATEMENT OF FACTS

Detective Michael Dalferes, a member of the Major Case Narcotics Unit of the New Orleans Police Department, testified that on April 11, 2008, he was part of an undercover buy/bust operation targeting street level narcotics dealers; Detective Dalferes’ assignment was to pose as a potential buyer in an unmarked vehicle equipped with audio and video surveillance. At the be[815]*815ginning of the operation, he was supplied with pre-recorded expense funds to complete any narcotics purchases. Prior to the operation, the bills were photocopied to record the serial numbers.

Once the operation commenced, and his supporting units were in position, Detective Dalferes proceeded down Marais Street. A subject later identified as Louis Seymour flagged him down. Detective Dalferes stopped his vehicle and told Seymour that he wanted “two dimes,” which Detective Dalferes explained is street terminology for two ten dollar pieces of crack cocaine. The subject told him that he could get it and told Detective Dalferes to pull over. Dalferes handed the subject a twenty dollar bill and moved the vehicle to the side of the street.

The subject walked out of the detective’s view, turning on St. Anthony Street. A short time later, he returned with a single twenty dollar piece of crack cocaine wrapped in plastic, rather than two ten dollar pieces Dalferes had requested. Dal-feres then drove away from the area, radioed members of his support team, provided a description of the subject, and gave them the signal to move in and effect the arrest.

^Detective Andrew Roccaforte observed the subject, later identified as the co-defendant, Louis Seymour, make contact with Detective Dalferes. He then watched Seymour proceed on St. Anthony Street in a riverbound direction. He maintained sight of him until he approached the front door of a residence located at 1220 St. Anthony Street.

Seymour knocked, and within seconds he was greeted at the door by a black male. Seymour handed the subject currency in exchange for a small object. After completing the exchange, the subject entered the residence for a few minutes and then left. Roccaforte observed Seymour return to Detective Dalferes’ location where he completed a hand-to-hand exchange.

Detective Kyle Hinrichs was the first detective to arrive to effect the arrest of Louis Seymour. After arresting Seymour, he left him in the custody of two detectives and proceeded to 1220 St. Anthony Street, where he was met by Sergeant Jeff Sislo and another detective. They knocked on the door, and the defendant responded. The officer instructed the defendant to step outside. The defendant was advised of the investigation and of his Miranda rights.1 He admitted that he had a piece of crack cocaine on him at that time and stated, “I can’t go, I can’t go to jail.”

Mr. Lawrence was placed under arrest and searched. A total of twenty-seven dollars was recovered, which included a twenty dollar bill. A piece of crack cocaine was discovered on his person. Detective Hinrichs compared the serial number of the recovered bill to the original photocopy and determined that they matched.

|4Sergeant Jeff Sislo entered the residence to speak with the occupants and see what was going on. He also did a quick walk through for safety reasons to determine who was present inside the residence. On the coffee table in the front room, he observed approximately six or seven crack pipes (clear plastic tubes with burnt residue) and a razor blade. There were four women inside the residence at the time. One was bedridden. She was identified as the owner.

Mr. Lawrence testified on his own behalf. He denied possessing or distributing any drugs on the day in question. However, defendant admitted to being addicted [816]*816to crack cocaine, a problem which he was combating. He also admitted to having two previous convictions for possession of cocaine as well as four convictions for theft from when he was much younger.

The defendant informed the jury that he lived nearby the house in question and had gone there that day to visit the bedridden women who lived at the house. Defendant knew her and her daughter Mary from his involvement with crack; however, he did not come to the house on the day in question to get high, only to check on the women’s well-being.

Lawrence stated that when he entered the house there were “six or eight women and men in the back of the house.” While he was talking to Mary’s mother, Mary came from the rear of the house and asked him if he had change for a twenty dollar bill, which he did. He then gave her a ten, a five, and five ones in exchange for the twenty dollar bill, which was the same bill the police recovered from him.

The defendant denied selling any drugs to Louis Seymour.

ERRORS PATENT/ASSIGNMENT OF ERROR NO. 2

| ^Review of the record for errors patent reveals two. The first is also addressed through an assignment of error by the defendant.

The trial transcript shows that the jury found the defendant guilty on count two of the lesser included offense of possession of cocaine; however, the minute entry from the trial states that the defendant was convicted of possession with intent to distribute cocaine. Where there is a discrepancy between a minute entry and the transcript, the transcript prevails. State v. Randall, 10-1027, p. 3 (La.App. 4 Cir. 6/22/11), 69 So.3d 683, 685.

Furthermore, at sentencing, the trial court noted that the jury found the defendant guilty of possession with intent to distribute cocaine before sentencing him to five years on that count. Defendant’s sentence as to count two must be vacated and remanded for resentencing for correction of the minute entry.

The second error patent relates to the trial court’s failure to order that the first two years of defendant’s sentence, as to count one, be served without the benefit of parole as required by La. R.S. 40:967(B)(4)(b).

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Bluebook (online)
120 So. 3d 812, 2012 La.App. 4 Cir. 1026, 2013 WL 3376660, 2013 La. App. LEXIS 1392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lawrence-lactapp-2013.