State v. McCormick

504 So. 2d 583, 1987 La. App. LEXIS 8671
CourtLouisiana Court of Appeal
DecidedFebruary 12, 1987
DocketNo. KA-6031
StatusPublished

This text of 504 So. 2d 583 (State v. McCormick) 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. McCormick, 504 So. 2d 583, 1987 La. App. LEXIS 8671 (La. Ct. App. 1987).

Opinion

CIACCIO, Judge.

Defendant, Eric (a/k/a Erick) McCormick, was charged with the crime of distribution of the controlled dangerous substance phencyclidine. La.R.S. 40:967. He was found guilty as charged, after a jury trial, and was sentenced to serve ten (10) years at hard labor. The defendant appeals relying upon three assignments of error and we affirm the defendant’s conviction and sentence.

The record reveals the following facts:

On June 29, 1985 at approximately 1:45 a.m. New Orleans Police Officers Tyronne Martin and David Handy were working as plainclothed officers in the 800 block of North Claiborne in the City of New Orleans. The policemen were under the North Claiborne Avenue overpass across from the Crystal Disco. At this time they observed the subject, who was later identified as Eric (a/k/a Erick) McCormick, as he attempted to stop a number of persons passing in the area. He would then engage the persons in a brief conversation and they would depart. As the two officers approached the subject, he stated “I got those clickers.” Officer Martin inquired as to the cost and was told $6.00. Martin reached into his pocket and retrieved $6.00 of his own money with which to purchase one of the cigarettes. The subject reached into the waist-band of his trousers and exhibited a plastic bag with six cigarettes. He retrieved one cigarette for Martin, at which time he was advised that he was under arrest. The cigarettes were delivered to the New Orleans Crime Laboratory where they were found to be marijuana cigarettes soaked in phencycli-dine (i.e., “clickers”).

According to the defendant, Eric (a/k/a Erick) McCormick, and two companions, he did not have nor did he attempt to sell marijuana cigarettes soaked in phencycli-dine. Rather, the defendant testified that he left the Crystal Disco in order to talk to a man who was intimidating the sister of one of his companions. While outside, and as he and his companion, Aaron Martin, were attempting to reenter the bar, they were stopped by the two plainclothed policemen. They were taken under the Claiborne Overpass where the officers told the defendant to lower his trousers. At this time, according to these witnesses and the defendant, one of the officers placed the bag of contraband on the defendant. Thereafter, the officers arrested McCormick, while releasing his companion, Aaron Martin.

Assignment of Error No. 1

By this assignment the defendant contends that the trial court committed reversible error when it denied him the opportunity to state his grounds for objecting to the admissibility of certain physical evidence (i.e., PCP laced marijuana cigarettes in a plastic bag).

The record reveals the following colloquy at the time the State attempted to place these items into evidence:

By Miss Agnihotri:
Your Honor, the State would like to file and introduce into the record, State exhibit 1, 2, and 3 and ask—
By the Court:
Any objection, Mr.—
By Mr. Taylor:
Objection, Your Honor.
By the Court:
To what exhibits?
By Mr. Taylor:
Objection to—
[585]*585By the Court:
Just a minute, just a minute, introduce. them one at a time.
Any objection to S-l?
By Miss Agnihotri:
Lab report.
By Mr. Taylor:
No objection to S-l—
By the Court:
Alright, S-l—
By Mr. Taylor:
—the lab report.
By the Court:
—is admitted into evidence. Any objection to S-2?
By Mr. Taylor:
Yes, Your Honor. We object to S-2 on several grounds.
By the Court:
No argument, please.
By Mr. Taylor:
Beg your pardon?
By the Court:
If you wish to argue I’ll take — have the jury brought up.
By Mr. Taylor:
No, I object to S-2.
By the Court:
Alright, the objection is overruled, S-2 is admitted into evidence.
By Mr. Taylor:
Note my objection.
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The record clearly reveals that the court did not err. The court attempted to allow the defendant an opportunity to present his basis for objection, out of the presence of the jury. The defendant did not avail himself of that opportunity. For this reason, this assignment lacks merit.

Assignment of Error No. 2

The defendant, by assignment of error Number 2, contends that the trial court erred by prejudicially implying that the defense witness, James Jackson may have been convicted of possession of phencycli-dine.

During the cross-examination of James Jackson by the district attorney the following exchange occurred:

[[Image here]]
Q. Good, okay. Now, are you the — Mr. Jackson, have you ever been convicted of a crime?
A. Yes.
By Mr. Taylor:
I object, Your Honor.
By the Court:
Overruled.
Examination by Miss Agnihotri:
Q. What crime have you been convicted of?
A. For tickets, four marijuana cigarettes, and—
By the Court:
Doing what?
By the Witness:
Marijuana cigarettes.
By the Court:
What marijuana?
By the Witness:
I had got caught with four cigarettes.
By the Court:
What kind of cigarettes?
By the Witness:
Weed, sir.
By the Court:
Did you say clickers?
By the Witness:
I said weed, marijuana.
By the Court:
Just plain marijuana, possession of marijuana.
By the witness:
Right.
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Related

State v. Guiden
399 So. 2d 194 (Supreme Court of Louisiana, 1981)
State v. Quebedeaux
424 So. 2d 1009 (Supreme Court of Louisiana, 1982)
State v. Quebedeaux
446 So. 2d 1210 (Supreme Court of Louisiana, 1984)

Cite This Page — Counsel Stack

Bluebook (online)
504 So. 2d 583, 1987 La. App. LEXIS 8671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mccormick-lactapp-1987.