State v. Lemon

698 So. 2d 1057, 1997 WL 473106
CourtLouisiana Court of Appeal
DecidedAugust 20, 1997
Docket29587-KA, 29588-KA
StatusPublished
Cited by18 cases

This text of 698 So. 2d 1057 (State v. Lemon) 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. Lemon, 698 So. 2d 1057, 1997 WL 473106 (La. Ct. App. 1997).

Opinion

698 So.2d 1057 (1997)

STATE of Louisiana, Appellee,
v.
Wayne LEMON and Raymond Lemon, Appellants.

Nos. 29587-KA, 29588-KA.

Court of Appeal of Louisiana, Second Circuit.

August 20, 1997.

*1058 Kidd-Culpepper by Paul Henry Kidd, H. Cameron Murray, Monroe, for Appellant.

Richard Ieyoub, Attorney General, William R. Coenen, District Attorney, Penny Wise-Douciere, Assistant District Attorney, for Appellee.

Before HIGHTOWER, GASKINS and CARAWAY, JJ.

GASKINS, Judge.

The defendants in these consolidated cases, Wayne and Raymond Lemon, each *1059 pled guilty to one count of conspiracy to distribute marijuana, a violation of La. R.S. 14:26 and La. R.S. 40:966(A). Wayne Lemon was sentenced to serve seven years imprisonment at hard labor, while Raymond Lemon was sentenced to serve six years imprisonment at hard labor. The defendants filed a consolidated appeal, collectively urging one assignment of error. For the reasons set forth below, we conditionally affirm the defendants' convictions and sentences. However, we remand for a hearing at which the defendants may present evidence on the issue of conflict of interest.

FACTS

On the morning of July 10, 1995, several deputies from the Richland Parish Sheriff's Office (RPSO) were monitoring Interstate 20 in search of drug traffickers. In furtherance of this goal, the deputies made up a road sign which read "Narcotic Check Point Ahead" in English and Spanish and installed the sign on the shoulder of the interstate approximately one-half mile before the "Holly Ridge" exit. The deputies then parked their vehicles in a parking lot overlooking the Holly Ridge exit ramp and observed the vehicles leaving the interstate at that exit. There was, in actuality, no "narcotic check point"; the sign was evidently intended as a ruse to flush out drug couriers.

At 7:22 a.m., RPSO officers observed a white Cadillac and a green Lexus come down the exit ramp and run through a stop sign. The vehicles turned right onto McManus Road with the Cadillac in front. As the vehicles turned, deputies heard the driver of the Lexus honking the horn as if to signal the Cadillac to stop. The deputies followed the cars.

Approximately one mile south of the interstate, the Lexus pulled into the driveway of a home just off the road. RPSO Deputy Perry Fleming arrived shortly thereafter and pulled in behind the Lexus. Deputy Fleming got out of the car and spoke to an occupant of the home, who was standing in the driveway. This person told the deputy that he did not know the people in the Lexus but said that the passenger had just asked him to tell the officer that they were visitors.

The Lexus was occupied by two females who appeared extremely nervous. The deputy noticed that the vehicle's trunk was partly ajar and became suspicious. Deputy Fleming learned that the Lexus was rented, but neither the driver (Rebecca Chumley) nor the passenger (Sarah Maxwell) could produce the rental agreement. The deputy asked for permission to search the vehicle; at first, permission was refused. However, after the driver and passenger discussed the matter, the driver gave the deputy the keys to the car and indicated that anything found in the car belonged to Raymond Lemon, the driver of the other car.

Another deputy with a narcotics dog had arrived during the discussion. When the dog sniffed around the vehicle, it alerted on the trunk. The deputy raised the partly open trunk and discovered an Army duffle bag containing 46 pounds of marijuana. A pistol was also found inside the bag. Also in the trunk was a receipt bearing the name Raymond Lemon.

Meanwhile, RPSO Deputy Dale Carter pursued and stopped the white Cadillac. There were three persons inside the Cadillac—Raymond Lemon, the driver; Wayne Lemon, the front seat passenger and Raymond's cousin; and Brenda Jenkins, the rear seat passenger. Deputy Carter gave Raymond Lemon a warning ticket for running the stop sign. As he was doing so, Deputy Fleming called on the radio and asked him to escort the white Cadillac and its occupants back to the home where the Lexus was stopped. Deputy Carter and another deputy traveled ahead and behind of the Cadillac, and all returned to the home.

The occupants of both of the vehicles were arrested. At the police station, Deputy Fleming discovered the rental agreement for the Lexus in Raymond Lemon's pants pocket. Also, a key to the Lexus was found in his possession.

Each person was charged with violating La. R.S. 40:966(A), possession of marijuana with intent to distribute. Theo Coenen, III, represented both of the Lemons and Ms. *1060 Jenkins.[1] Mr. Coenen filed and argued a motion to suppress the marijuana; after a hearing, the motion was denied.

Pursuant to a plea agreement, the charge against the Lemons was reduced to conspiracy to distribute marijuana, and both of the Lemons unconditionally pled guilty. During the court's recitation of the PSI at the sentencing hearing, the judge noted that both Lemons had initially denied knowing the women in the Lexus; the men later admitted this during the plea colloquy. The court also said that these women told police that Raymond and Wayne Lemon had both come to their apartment and recruited them to drive the Lexus from Austin, Texas to Birmingham, Alabama for $500.00.

Wayne Lemon made a statement for the PSI in which he said that "these two girls asked Raymond if they could drive his car to Texas" and indicated his belief that he would be unable to prevail at trial because he was black and the two women in the Lexus were white. At sentencing, he told the judge that he was just "there for the ride" and had merely come to town with his cousin.

Wayne Lemon had a fairly extensive criminal record in Pennsylvania. In that state he has convictions for felony conspiracy and three counts of violating the Pennsylvania Controlled Substance Drug Device and Cosmetic Act, two convictions for illegal carrying of a firearm, one conviction for obliterating firearm identification marks and undisposed charges of aggravated assault, simple assault and reckless endangerment. Wayne Lemon had received probated sentences for his prior convictions, except on the drug-related charges, for which he was sentenced to serve a three to twelve-month sentence of imprisonment. In imposing sentence on the instant conviction, the court stated:

The involvement of Wayne, I do not think was as great as the involvement of Raymond. I'm also taking that into consideration, however, the pre-sentence does indicate that even though Raymond appeared to be mostly in control, Wayne was also with Raymond when the recruitment was made in Alabama to get the two girls to go and to help bring the dope, or to bring the dope back, so I do have to look at that and say no, Wayne was without clean hands, he certainly knew what was going on, so, I do point that out for the record.

Raymond Lemon had no prior felony convictions; he had one misdemeanor Alabama conviction for illegally carrying a concealed weapon.

After the Lemons were sentenced, they discharged Mr. Coenen and retained Paul Kidd. Mr. Kidd filed a document styled as a motion to reconsider sentence. In this motion, along with a complaint that the defendants' sentences were excessive, Mr. Kidd raised for the first time the issue of a possible conflict of interest in the joint representation of the Lemons by Mr. Coenen. The motions asked the court to "reconsider its acceptance of the guilty plea by defendant...." The motions were summarily denied.

The defendants both appealed.

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Bluebook (online)
698 So. 2d 1057, 1997 WL 473106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lemon-lactapp-1997.