State v. Linn

975 So. 2d 771, 2008 WL 373601
CourtLouisiana Court of Appeal
DecidedFebruary 13, 2008
Docket43,006-KA
StatusPublished
Cited by1 cases

This text of 975 So. 2d 771 (State v. Linn) 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. Linn, 975 So. 2d 771, 2008 WL 373601 (La. Ct. App. 2008).

Opinion

975 So.2d 771 (2008)

STATE of Louisiana, Appellee
v.
James Fredrick LINN, Appellant.

No. 43,006-KA.

Court of Appeal of Louisiana, Second Circuit.

February 13, 2008.

*772 Carey J. Ellis, III, Louisiana Appellate Project, for Appellant.

James Fredrick Linn, Pro Se.

Paul J. Carmouche, District Attorney, Tommy J. Johnson, John Ford McWilliams, Jason T. Brown, Assistant District Attorneys, for Appellee.

Before STEWART, GASKINS, and LOLLEY, JJ.

LOLLEY, J.

The defendant, James Fredrick Linn, was found guilty after trial by jury of the charged offense of creation and operation of a clandestine laboratory, a violation of La. R.S. 40:983(A)(1). He was sentenced to eight years at hard labor and now appeals. For the following reasons, we affirm Linn's conviction, but vacate his sentence and remand to the trial court for resentencing.

FACTS

On February 18, 2006, Linn was pulled over for a traffic infraction by Off. Sean Channell of the Vivian Police Department. Through the window of Linn's vehicle, Off. Channell noticed several items on the seat which he immediately recognized as being used in the manufacture of methamphetamine. Officer Channell placed Linn under arrest for the offense of creation and operation of a clandestine laboratory, a violation of La. R.S. 40:983(A)(1), for which he was later charged by bill of information.

After a jury trial, Linn was convicted by a vote of 11-1 of the charged offense. Subsequently, a fourth felony habitual offender bill of information was filed; however, Linn was not found to be a fourth felony offender. On January 31, 2007, he was sentenced by the trial court to eight years at hard labor to be served concurrently with any other sentence, with credit for time served. The trial court also ordered *773 Linn to reimburse "any agency" for the costs of "any clean-up costs," adding that in default of that Linn was sentenced to an additional 18 months in the parish jail and that restitution was to be performed "within the first year after his release from jail." The trial court gave no reasons for the sentence imposed. Linn's counsel filed a motion to reconsider sentence, and Linn filed a pro se motion to reconsider sentence. In a written opinion rendered in May 2007, the trial court stated that it would consider the filings as a motion to amend, but the trial court denied the motions on the basis that it was without authority to amend or modify the sentence after the sentence had commenced. This appeal by Linn ensued.

DISCUSSION

On appeal, Linn's appeal counsel raises two assignments of error related only to the sentence in addition to several pro se assignments of error brought by Linn.

Sufficiency of the Evidence

In his first pro se assignment of error, Linn argues that the evidence was insufficient to convict him of the crime charged, and the jury's verdict was contrary to the law and evidence. He specifically argues that the testimony of Sgt. Carl Townley, a supervisor at the Caddo Shreveport Narcotics Unit who was qualified at the trial as an expert on narcotics, was confusing, misleading and prejudicial. Linn also maintains that Off. Channell's testimony was inconsistent and uncorroborated. We disagree.

The standard of appellate review for a sufficiency of the 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. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Tate, XXXX-XXXX (La.05/20/03), 851 So.2d 921, cert. denied, 541 U.S. 905, 124 S.Ct. 1604, 158 L.Ed.2d 248 (2004); State v. Murray, 36,137 (La.App. 2d Cir.08/29/02), 827 So.2d 488, writ denied, 2002-2634 (La.09/05/03), 852 So.2d 1020. This standard, now legislatively embodied in La. C. Cr. P. art. 821, does not provide the appellate court with a vehicle to substitute its own appreciation of the evidence for that of the fact finder. State v. Pigford, XXXX-XXXX (La.02/22/06), 922 So.2d 517. The appellate court does not assess the credibility of witnesses or reweigh evidence. State v. Smith, XXXX-XXXX (La.10/16/95), 661 So.2d 442; State v. Steward, 42,643 (La.App. 2d Cir. 11/14/07), 969 So.2d 804. 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. Gilliam, 36,118 (La.App. 2d Cir.08/30/02), 827 So.2d 508, writ denied, XXXX-XXXX (La.11/14/03), 858 So.2d 422.

Where there is conflicting testimony about factual matters, the resolution of which depends upon a determination of the credibility of the witnesses, the matter is one of the weight of the evidence, not its sufficiency. State v. Allen, 36,180 (La. App. 2d Cir.09/18/02), 828 So.2d 622, writs denied, 2002-2595 (La.03/28/03), 840 So.2d 566, 2002-2997 (La.06/27/03), 847 So.2d 1255, cert. denied, 540 U.S. 1185, 124 S.Ct. 1404, 158 L.Ed.2d 90 (2004). In the absence of internal contradiction or irreconcilable conflict with physical evidence, one witness's testimony, if believed by the trier of fact, is sufficient support for a requisite factual conclusion. State v. Burd, 40,480 (La.App. 2d Cir.01/27/06), 921 So.2d 219, writ denied, XXXX-XXXX (La.11/09/06), 941 So.2d 35.

Louisiana R.S. 40:983(A)(1) states that:

A. Creation or operation of a clandestine laboratory for the unlawful manufacture *774 of a controlled dangerous substance is any of the following:
(1) The purchase, sale, distribution, or possession of any material, compound, mixture, preparation, supplies, equipment, or structure with the intent that it be used for the unlawful manufacture of a controlled dangerous substance.

At trial, Off. Channell testified that after he pulled Linn over and Linn had exited his vehicle, Off. Channell requested to see Linn's vehicle registration and proof of insurance. Linn went to the passenger's side to retrieve it, and Off. Channell went to the driver's side (for safety reasons), looking into the vehicle with his flashlight "to see what he might be grabbing." Officer Channell testified that he saw a 50-pound bag of caustic soda and a clear tube in the front seat and a 40-pound bag of ammonium sulfate, acetone, camp fuel, and "liquid heat" in the back seat. As Off. Channell testified, he recognized all of these items from his training as "basic sources of a clandestine lab." He also stated that all of the items were in plain view in Linn's vehicle. Officer Channell then arrested Linn and advised him of his Miranda rights, and, according to Off. Channell, Linn responded that he understood his rights. Officer Channell testified that Linn said that he knew the items in the car were used for making methamphetamine and that Linn was supposed to go with two other men later to "cook" the substance.

Officer Channell testified that he also located the following in Linn's vehicle: a block of dry ice in the front passenger seat; a bottle of hydrogen peroxide; an empty box of Claritin; four lithium batteries; black electrical tape; a gallon pitcher; a clear mesh strainer; approximately 150 Claritin tablets; a two-gallon gas can; three syringes; and, a 60-ounce jar. Additionally, Off.

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Related

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989 So. 2d 259 (Louisiana Court of Appeal, 2008)

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Bluebook (online)
975 So. 2d 771, 2008 WL 373601, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-linn-lactapp-2008.