State v. Legaux

658 So. 2d 319, 94 La.App. 4 Cir. 1536, 1995 La. App. LEXIS 1825, 1995 WL 385656
CourtLouisiana Court of Appeal
DecidedJune 29, 1995
DocketNo. 94-KA-1536
StatusPublished
Cited by2 cases

This text of 658 So. 2d 319 (State v. Legaux) 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. Legaux, 658 So. 2d 319, 94 La.App. 4 Cir. 1536, 1995 La. App. LEXIS 1825, 1995 WL 385656 (La. Ct. App. 1995).

Opinion

hWALTZER, Judge.

STATEMENT OF THE CASE

Anthony Legaux and co-defendant Ronald J. Clayton were charged by bill of information with possession of crack cocaine with intent to distribute, a violation of La.R.S. 40:967 B(l).1 The trial court denied Le-gaux’s motions to suppress and found probable cause for simple possession of cocaine. At trial, a twelve person jury found Legaux guilty of simple possession of cocaine. The trial court denied motions for new trial, judgment of acquittal and modification of the verdict, found Legaux to be a quadruple offender and sentenced him to serve twenty years at hard labor under the provisions of La.R.S. 15:529.1.

Legaux, through his trial counsel, appeals his conviction and sentence. We affirm.

STATEMENT OF FACTS

On August 17,1993, Legaux called Ronald Clayton and asked to buy $600.00 worth of crack cocaine. Clayton replied that he was running short of cocaine, but would sell Le-gaux what he had. Clayton took two rocks of crack cocaine to Legaux’s'apartment.

In the meantime, Legaux called Clayton’s mother, Myrtle Adams, at work and told her that he was an undercover officer who had just made a purchase of narcotics from her son. Legaux engaged the phone’s speaker, function so that Ms. Adams could hear his conversation with Clayton. Legaux told Ms. Adams that Clayton should cooperate with him and leave the narcotics with him, and he would take Clayton to his mother. Ms. Adams advised her son to cooperate with Legaux and went home to meet Legaux and Clayton.

laAs Legaux and Clayton were leaving Le-gaux’s apartment, Clayton managed to flee.

Meanwhile, Officer John Metcalf and his partner, Officer Trent Cuceia, responded to a call from Legaux reporting an alleged armed robbery. When the officers arrived, Legaux told them that he had just been robbed by two black males, one of whom had a thin build and had been wearing red pants with white stripes. Metcalf and Cuceia, with other units,- were later dispatched to the Gaslight Apartments on information that they might find one of -the perpetrators of the armed robbery there. They met with Ronald Clayton, who fit Legaux’s description of the armed robber.

When confronted by the officers, Clayton seemed surprised that he was suspected of armed robbery. He told the officers that he had been to Legaux’s apartment at Legaux’s request to sell Legaux crack cocaine. Clayton told the officers, and testified at trial, about the call he received from Legaux, the drugs he left with Legaux and the call Le-gaux made to Clayton’s mother.

The officers questioned Ms. Adams, who confirmed Clayton’s story. They took Clayton with them to Legaux’s apartment, still investigating the matter as an armed robbery. When they arrived at Legaux’s apartment, Legaux met them in the corridor. The officers brought Legaux to a police car where they were holding Clayton. Legaux told them that Clayton was not one of the men who robbed him. The officers then asked Clayton if Legaux was the man with whom he had left the cocaine. Clayton replied that he was.

The officers arrested Legaux, read him his rights as an arrestee and obtained his signature on a rights of arrestee form and on a permission to search his apartment. In the rear bedroom, the officers found in plain view atop a coffee table and seized fifteen pieces of crack cocaine, razor blades containing what proved to be cocaine residue, spoons containing residue, other drug paraphernalia, a bag of powder which tested negative for cocaine and a police scanner.

Clayton testified that he left only two pieces of cocaine with the defendant, and none of the other seized evidence. He further testified that he pled guilty as charged and received a suspended sentence with probation without having made any plea bargain with the State.

[322]*322 hREVIEW FOR ERRORS PATENT

We have examined the entire record for errors patent and find none.

FIRST ASSIGNMENT OF ERROR: The trial court erred by denying Legaux’s Motion in Limine and by allowing the state to introduce irrelevant and prejudicial evidence of other crimes allegedly committed by Legaux.

SECOND ASSIGNMENT OF ERROR: The trial court erred in allowing Ms. Adams to testify concerning evidence of other crimes not before the jury. Further, Legaux’s right to confront this witness was prejudiced because cross-examination would have emphasized Ms. Adams’ testimony to the jury.

As a result of his activities on the date of the subject offense, Legaux was charged with filing a false police report and impersonating a police officer. The trial court denied the motion in limine which sought to exclude evidence as to these charges, finding that Legaux’s actions supporting those charges were part of the “res gestae,” and were inseparable from the facts of the cocaine possession charge.

The evidence established that Legaux engaged in a bizarre scheme whereby he telephoned Ms. Adams, pretended to be an undercover narcotics detective and sought her assistance in encouraging Clayton to provide him with crack cocaine. After obtaining the crack cocaine from Clayton, Legaux called the police and accused Clayton of armed robbery. It was during the investigation of the alleged armed robbery that the police uncovered Legaux’s scheme to obtain cocaine from Clayton. The facts relative to those other charges were thus an integral part of the instant case.

The State did not refer to Legaux’s police impersonation and false police report as crimes. The State did not mention that Le-gaux was charged with additional crimes. Accordingly, the trial court was correct in denying the motion in limine and in permitting the testimony of Ms. Adams relative to Legaux’s phone call in which he impersonated an officer and enlisted her aid in getting her son to give him cocaine.

Legaux’s first and second assignments of error are without merit.

\ ¿THIRD ASSIGNMENT OF ERROR: The trial court erred by refusing to grant a mistrial after remarks by the prosecutor referring to a violation of La.R.S. 40:971.1.

Officer John Metcalf testified concerning “bunk,” scales, and a police scanner found in and seized from Legaux’s residence. Legaux argues that this was a reference to a violation of La.R.S. 40:971.1, which is the manufacture, production or distribution of a substance which is falsely represented to be controlled dangerous substance. Defense counsel objected and requested a mistrial.

The trial court objected to the officer’s use of the legal term “bunk,” though he acknowledged the right of the State to present evidence of the powdery substance as part of the res gestae. The State countered that it intended to produce an expert to explain to the jury how the substance could be added to the cocaine to dilute its strength and increase its street value. The trial court denied the mistrial for use of the term “bunk”, but refused to permit the State to produce the expert.

“Bunk” is a slang term for an otherwise legal substance which is falsely represented to be an illegal substance. La.R.S. 40:971.1 does not prohibit possession of “bunk” or even of counterfeit or imitation controlled dangerous substances. Simple possession of a non-narcotic substance is not a crime unless it is possessed in connection with manufacture, production or distribution. No such activities were alleged against Le-gaux.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Gilmore
50 So. 3d 208 (Louisiana Court of Appeal, 2010)
State v. Lay
986 So. 2d 255 (Louisiana Court of Appeal, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
658 So. 2d 319, 94 La.App. 4 Cir. 1536, 1995 La. App. LEXIS 1825, 1995 WL 385656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-legaux-lactapp-1995.