State v. Major

888 So. 2d 798, 2004 WL 2726700
Supreme Court of Louisiana·Decided December 1, 2004·No. 2003-K-3522·Published·Cited by 63 cases

Opinion

888 So.2d 798 (2004)

STATE of Louisiana
v.
Arthur MAJOR, III.

No. 2003-K-3522.

Supreme Court of Louisiana.

December 1, 2004.

*799 Charles C. Fonti, Jr., Attorney General, J. Phil Haney, District Attorney, Anthony Jude Saleme, Jr., Assistant District Attorney, for Applicant.

Ellis & Ellis, Carey J. Ellis, III, for Respondent.

KIMBALL, Justice.

We granted the State's writ to review the correctness of the court of appeal's decision reversing the defendant's, Arthur Major, III, conviction for possession of cocaine in excess of 400 grams, a violation of La. R.S. 40:967(F)(1)(c), based on insufficiency of the evidence. For the reasons that follow, we hold that the court of appeal erred by substituting its appreciation of the facts and evidence presented at trial for that of the trier of fact and in finding that the State failed to prove each essential element of the crime beyond a reasonable doubt. We therefore reverse the court of appeal's judgment and reinstate defendant's conviction and sentence for the crime of possession of cocaine in excess of 400 grams.

Facts and Procedural History

At approximately 6:40 a.m. on June 9, 1997, State Trooper Lanny Bergeron pulled over a white 1997 Nissan Sentra driven by the defendant and occupied by three other individuals after observing a minor traffic violation near the Atchafalya Bridge while conducting a routine patrol on the I-10. Defendant emerged from the vehicle with his driver's license and Trooper Bergeron informed the defendant why he had been stopped.[1] When asked if he was the owner of the vehicle, the defendant answered that he had rented the vehicle in El Paso, Texas, when his vehicle had broken down on the way to California from New Orleans, Louisiana, to visit his mother. Defendant told Trooper Bergeron that after he had rented the vehicle, he continued on to California and was now just returning to New Orleans. Trooper Bergeron testified that the defendant was "really nervous" while he was speaking *800 with the trooper and the defendant's level of anxiety increased during the conversation. After speaking with the defendant, Trooper Bergeron walked to the vehicle and obtained a rental form for the car from the vehicle's front passenger. The trooper noticed that the paperwork for the vehicle was dated December 23, 1996, and had neither defendant's name, nor the name of any of his passengers, on the agreement. The trooper began questioning the passengers still sitting in the vehicle about their itinerary and obtained conflicting statements regarding their origin and destination. At this time, Trooper Bergeron also detected the odor of burnt marijuana emanating from the interior of the vehicle. Trooper Bergeron then explained his suspicions to defendant and asked for consent to search the car. Defendant signed a search consent form after advising the officer that he did not smoke marijuana but that his companions had been smoking it in the car earlier in the trip.

Around the time Trooper Bergeron obtained defendant's written consent to search the vehicle, Troopers Bernard and Courville arrived on the scene to assist. As the passengers were exiting the vehicle, Trooper Bernard observed one of the passengers throw down a package which was later determined to contain marijuana.[2] The ensuing search of the vehicle by Troopers Courville and Bergeron revealed two packages of cocaine concealed underneath the dashboard in a space behind the glove box accessible through a hole in the glove box over which the owner's manual had been carefully placed. The cocaine had been wrapped in gray duct tape, which did not provide a suitable surface for recovering any latent fingerprints. The search also yielded a box of dryer sheets, which Trooper Bergeron testified were often used to cover the presence of narcotics. However, the exact location of the dryer sheets in the passenger area of the vehicle could not be determined at the time of trial. All four occupants of the vehicle, including defendant, were arrested and charged with possession of cocaine with intent to distribute. The state subsequently amended the bill of information[3] and charged defendant with possession of over 400 grams of cocaine in violation of La. R.S. 40:967(F)(1)(c).

On March 12, 2002, defendant's jury trial commenced. The State presented evidence at trial that the cocaine found in the vehicle weighed approximately 1.36 pounds, or 609 grams, and was worth over $60,000.00. The State also presented the testimony of several officers, including Troopers Bergeron, Bernard, and Courville, relating to the stop and subsequent search of defendant's vehicle. Further, Trooper Bergeron noted the lack of a "shadow vehicle"[4] following defendant's car at the time of the stop. He testified that no other vehicle appeared to be trailing, observing, or watching over defendant's vehicle during the traffic stop. The defendant did not present any evidence at trial, rather defense counsel stated in her closing arguments that the State had the burden to prove defendant's guilt beyond a *801 reasonable doubt and "[t]he State has failed to prove Arthur Major is guilty of anything. This case is nothing but reasonable doubt." The jury found defendant guilty as charged and the district court later sentenced him to 40 years at hard labor. The defendant's motion to reconsider the sentence was denied and the defendant appealed.

On appeal, a majority of the court reversed defendant's conviction. State v. Major, 03-249 (La.App. 3 Cir. 10/8/03), 857 So.2d 1252. The court of appeal found defendant's first assignment of error alleging insufficient evidence to support a conviction meritorious, holding that

the State failed to establish that Mr. Major had guilty knowledge of the cocaine. The record evidence is simply insufficient for an inference of actual or constructive possession. Thus, a rational factfinder could not have concluded beyond a reasonable doubt that he was aware of the cocaine and that he exercised dominion and control over it.[5]

Specifically, in reversing the conviction, the court of appeal discounted the evidentiary significance of defendant's admission that he had rented the car, the conflicting accounts given of the itinerary by the group, and the presence of the dryer sheets inside the vehicle. The court concluded that the passengers' use of marijuana in the vehicle could explain any deceit in defendant's conflicting statements to the trooper, as well the presence of the dryer sheets inside the vehicle. The court also concluded that the rental agreement, which did not name defendant as the renter, was not indicative that he knew about the concealed cocaine under the dashboard. Therefore, the court of appeal found the evidence insufficient to sustain the defendant's conviction for possession of cocaine.

On the application of the State, we granted certiorari to review the correctness of the court of appeal's decision reversing the defendant's conviction and sentence in violation of La. R.S. 40:967(F)(1)(c). State v. Major, 03-3522 (La.4/30/04), 872 So.2d 470.

Law and Discussion

When reviewing the sufficiency of the evidence to support a conviction, Louisiana appellate courts are controlled by the standard enunciated by the United States Supreme Court in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). See State v. Captville, 448 So.2d 676, 678 (La.1984)

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