State v. Manning

868 So. 2d 283, 2004 WL 444153
CourtLouisiana Court of Appeal
DecidedMarch 12, 2004
Docket38,083-KA
StatusPublished
Cited by8 cases

This text of 868 So. 2d 283 (State v. Manning) 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. Manning, 868 So. 2d 283, 2004 WL 444153 (La. Ct. App. 2004).

Opinion

868 So.2d 283 (2004)

STATE of Louisiana, Appellee,
v.
Edward MANNING, Appellant.

No. 38,083-KA.

Court of Appeal of Louisiana, Second Circuit.

March 12, 2004.

*284 Margaret Smith Sollars, Thibodaux, for Appellant.

Jerry L. Jones, District Attorney, R. Nicolas Anderson, Assistant District Attorney, for Appellee.

Before BROWN, WILLIAMS, and GASKINS, JJ.

*285 BROWN, C.J.

A jury found defendant, Edward Manning, guilty of attempted possession of cocaine, a responsive verdict to the charge of possession with intent to distribute. Defendant was sentenced by the trial court to 18 months with a recommendation that he be allowed to participate in a work release program. A motion for reconsideration of sentence was denied. Claiming that it was error to allow an officer to give an opinion as an expert witness and that the evidence was insufficient to convict, defendant appealed. We affirm.

Discussion

Sufficiency of the Evidence[1]

This incident occurred at approximately 6:00 p.m. on December 14, 2001. Detective David May testified that he was the case agent in a "buy bust" operation targeting the College Point area of West Monroe, an area known for heavy drug trafficking. Officer Nikki Johnson and Det. Triche Passman, working undercover, occupied a vehicle outfitted with audio and video equipment. As this vehicle approached the intersection of Ridge and Tippit Streets, Leroy Warren was standing next to defendant's truck. Defendant and Don Washington were sitting in defendant's white truck, which was parked in a vacant lot near the intersection. The agents asked Warren for a $20 rock. Warren went to the white truck, got a rock of cocaine and returned to the agents' vehicle at which time the sale was completed. When the agents said they would be back for another buy, Warren replied that he would be there. As the undercover agents left, other officers moved in on defendant's truck. Warren ran. As Lt. James Purvis approached the truck, he smelled burning marijuana which defendant admitted he had been smoking. A search of the truck revealed 51 rocks of cocaine under a small pillow in the console area between the driver and passenger seats.[2] Both defendant and Washington were arrested for possession with the intent to distribute cocaine. After a short chase, Warren was caught and arrested for distribution of cocaine. The money used in the drug exchange, two $10 bills identified by serial numbers, was found near defendant's front left tire.

Det. Triche Passman was one of the undercover officers who made the buy. He got the cocaine from Leroy Warren, who got the rock from someone in the white truck. Det. Passman acknowledged that he never saw which person in the truck passed the rock to Warren.

Sgt. Harold Freeman testified that he found two $10 bills on the ground next to the left front tire of defendant's truck. He did not know how the money ended up on the ground. The money was identified as that used by Det. Passman in the buy from Warren. Lt. Purvis and Detective Matt Downhour also testified that they participated in the arrests of defendant and Washington. Lt. Purvis stated that he smelled marijuana as he approached the truck. Defendant was in the driver's seat and Washington in the front passenger seat. Lt. Purvis ordered defendant out of the vehicle and asked about the marijuana. Defendant admitted that he had been smoking marijuana and pointed out where the remainder of the blunt could be found. Defendant did not give the officers any trouble and gave consent to a search *286 of the truck. Det. Downhour seized the blunt and found 51 rocks of crack cocaine under a small pillow between the front seats. He found no paraphernalia associated with drug use in the truck. Defendant was the registered owner of the truck.

Detective May was qualified as an expert in the distribution of narcotics, particularly crack cocaine. He personally counted the number of rocks found in the truck, 51 in all, and determined that each one had a value of $20, for a total retail value of $1,020. After a defense objection, Det. May expressed his belief that the number and value of the rocks were inconsistent with personal use. When asked to explain why, another objection was made. The objection was overruled by the trial court and Det. May testified that the quantity found was more than would be in the possession of a user. Detective May explained how crack cocaine is used and testified that the items associated with use, such as glass pipes, needles, syringes, pieces of cotton or Brillo pads, were not found in the truck. Washington was in possession of $539. No money was found on defendant.

Det. May also noted that he did not find any cell phones or pagers on defendant and that the bag containing the 51 rocks of cocaine was small. He said that defendant readily admitted to Lt. Purvis that he had been smoking marijuana.

Leroy Warren, the last witness for the prosecution, waived his right against self-incrimination. Warren, who was currently in jail on armed robbery and attempted murder charges, agreed to testify in exchange for the hope of a lighter sentence.

Warren testified that both defendant and Washington are his cousins. He further admitted that he participated in the drug transaction by flagging down the undercover agents' vehicle and selling them the rock of cocaine which he got from Washington. Warren stated that Washington was in the truck on the passenger side and was speaking with T.J. (no last name given). Warren went to the driver's side, leaned into the truck, and got the rock from Washington. He said defendant was sitting on the driver's side. Warren testified that defendant did not appear surprised by what he saw, did not get out of the truck, or make Washington leave the vehicle. After selling the rock, Warren gave the money to T.J. at the rear of the truck because Washington told T.J. to hold on to it.

On cross-examination, Warren testified that he had smoked marijuana before and that it put him in a "zone," sort of like being in another world. Warren said that he had seen many people who were smoking marijuana ignore what was happening around them and that it was possible that defendant never knew what transpired.

Defendant testified after the state rested. Defendant stated that Don Washington and Leroy Warren were his cousins. Defendant related that after he got off work at 4:00 p.m., he went home and then went to get a haircut. On the way, he picked up Washington. He parked his truck and went into the barber shop, but was told that there were two ahead of him. Defendant returned to the truck to finish his marijuana cigar. Defendant testified that the undercover officers' truck pulled up and Warren made contact with the persons inside the truck. Defendant knew that Warren sold drugs. When Warren came to his truck, he leaned in the driver's window across defendant and spoke to Washington and T.J., who was standing outside of the passenger's side window. Warren got the "stone" and returned to the undercover officers' vehicle to make the sale. When Warren came back, defendant heard someone say, "Oh shit!" and *287 then Warren took off running. "That's when it all happened." Defendant testified that he thought T.J. had given the drugs to Warren.

After he got to the jail, defendant learned that Warren told the officers that Washington had given him the drugs. Defendant stated that he wasn't really paying attention to what was going on until the police arrived.

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Cite This Page — Counsel Stack

Bluebook (online)
868 So. 2d 283, 2004 WL 444153, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-manning-lactapp-2004.