State v. McIntyre

708 So. 2d 1071, 1998 WL 44982
CourtLouisiana Court of Appeal
DecidedJanuary 27, 1998
Docket97-KA-876
StatusPublished
Cited by50 cases

This text of 708 So. 2d 1071 (State v. McIntyre) 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. McIntyre, 708 So. 2d 1071, 1998 WL 44982 (La. Ct. App. 1998).

Opinion

708 So.2d 1071 (1998)

STATE of Louisiana
v.
William McINTYRE.

No. 97-KA-876.

Court of Appeal of Louisiana, Fifth Circuit.

January 27, 1998.

Laurie A. White, New Orleans, for Appellant William McIntyre.

Paul D. Connick, Jr., District Attorney, Ellen Fantaci, Assistant District Attorney, Research & Appeals, Gretna, for Appellee State.

Before DUFRESNE, CANNELLA, and DALEY, JJ.

CANNELLA, Judge.

Defendant, William McIntyre, appeals from his convictions on two counts of distribution of cocaine and his sentences, as a second felony offender, to twenty years in prison at hard labor on the first count and ten years in prison at hard labor on the second count, to run concurrent. For the reasons which follow, we affirm the conviction, the adjudication as an habitual offender and sentences.

On July 15, 1994, Agent Lisa Crawford, a narcotics agent with the Jefferson Parish Sheriff's Office, received information from a confidential informant who stated that he had arranged a drug purchase from defendant. *1072 The confidential informant told her that defendant indicated that he could do a deal of "half," which means $500 worth of drugs. Agent Crawford contacted Agent "Michael Jackson," the agent's code name, and relayed this information to him. Agent Jackson picked up the confidential informant and met Agent Crawford and the surveillance team at a pre-arranged location. Agent Jackson was fitted with a "wire," a listening device that enabled the surveillance team to hear what was happening. He was also given some money to make the purchase. Thereafter, the confidential informant and Agent Jackson went to 1021 Carmadelle in an area of Marrero known as "Walkertown," an area "targeted" as a high-crime area. The confidential informant introduced Agent Jackson to a person named "William" and then stepped away. Agent Jackson asked William for "half." William gave him a plastic bag containing twenty-three rock-like substances and Agent Jackson gave William $500. Agent Jackson brought the plastic bag and its contents to Agent Crawford at a pre-arranged location. Daniel Waguespack, who was accepted at trial as an expert in the field of forensic chemistry, testified that the substances tested positive for the presence of cocaine.

On July 18, 1994, the same confidential informant called Agent Crawford and said that defendant would do another "deal" for $500. As before, Agent Jackson and the confidential informant went to 1021 Carmadelle. Agent Jackson purchased twenty-five rocks from defendant for $500. Agent Jackson gave the cocaine to Agent Crawford at the pre-arranged location. These rocks also tested positive for the presence of cocaine.

On August 29, 1995, the Jefferson Parish District Attorney filed a bill of information charging defendant with two counts of distribution of cocaine, in violation of La. R.S. 40:967A. Defendant was arraigned on September 13, 1995 and pled not guilty. A jury of twelve persons was empaneled on November 6, 1995. The next day, the trial court heard and denied defendant's motion to suppress identification. Later that same day, trial commenced. After hearing all of the testimony and considering the evidence, the jury unanimously found defendant guilty as charged on both counts of distribution of cocaine.

On November 13, 1995, the state filed an habitual offender bill of information, charging defendant as a second felony offender. On November 21, 1995, the trial court sentenced defendant to serve ten years at hard labor on each count, to run consecutively. Defendant was arraigned on the habitual offender bill of information and denied the allegations therein.

On December 12, 1995, after the trial court advised defendant of his right to remain silent and his right to a hearing, defendant stipulated to the allegations in the habitual offender bill. The trial court vacated defendant's sentence on count one and imposed an enhanced sentenced of twenty years imprisonment at hard labor. The enhanced sentence was ordered to run concurrent with defendant's sentence on count two. It is from these convictions and sentences that defendant now appeals.

On appeal defendant assigns three errors and requests a review for errors patent on the face of the record.

ASSIGNMENT OF ERROR NUMBER ONE

By this assignment of error, defendant contends that the evidence was legally insufficient to support his conviction because the "state's only proof is the sole testimony of an unnamed, anonymous witness, allegedly the undercover agent who was purported to have purchased cocaine from the appellant." The state argues to the contrary that it proved the elements of the offense beyond a reasonable doubt. We agree.

The standard for testing the sufficiency of evidence requires that a conviction be based on proof sufficient for any rational trier of fact, viewing the evidence in the light most favorable to the prosecution, to find the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Rosiere, 488 So.2d 965 (La. 1986); State v. Lassere, 95-1009, p. 6 (La. App. 5th Cir. 10/1/96), 683 So.2d 812, 816, *1073 writ denied, 96-2655 (La.4/18/97), 692 So.2d 445.

A determination of the weight of evidence is a question of fact which rests solely with the trier of fact who may accept or reject, in whole or in part, the testimony of any witnesses. State v. Silman, 95-0154, p. 12 (La.11/27/95), 663 So.2d 27, 35.

Defendant was convicted of two counts of distribution of cocaine in violation of La. R.S. 40:967(A)(1), which provides in pertinent part:

A. Manufacture; distribution. Except as authorized by this Part or by Part VII-B of Chapter 5 of Title 40 of the Louisiana Revised Statutes of 1950, it shall be unlawful for any person knowingly or intentionally:
(1) To produce, manufacture, distribute, or dispense or possess with intent to produce, manufacture, distribute, or dispense, a controlled dangerous substance classified in Schedule II.[1]

The state established that defendant distributed cocaine on two occasions to Agent Jackson through the testimony of Agents Crawford and Jackson. Agent Crawford testified that on July 15, 1995, she received a telephone call from a confidential informant who told her that a person named "William McIntyre" could do a "deal" for "half," which is $500 of cocaine. Thereafter, she contacted Agent Jackson and arranged for him to make an undercover purchase from defendant. After picking up the confidential informant, he and the confidential informant met Agent Crawford and the surveillance team at a pre-arranged location. Agent Jackson was equipped with a "wire," a transmitting device for listening purposes. Agent Crawford testified that she and the surveillance team proceeded to the area of the purchase at 3:34 p.m. Agent Jackson and the confidential informant then drove to 1021 Carmadelle in Marrero. Agent Crawford testified that the confidential informant knocked on the door of the residence and that she heard Agent Jackson ask for "half." The deal was completed at 4:06 p.m.

Next, Agent Jackson and the confidential informant met Agent Crawford at a pre-arranged location where he gave her twenty-three off-white, rock-like objects. Agent Crawford identified state's exhibit one as the objects that Agent Jackson gave her. At 8:00 p.m., just four hours later, Agent Crawford showed Agent Jackson a photographic lineup.

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Cite This Page — Counsel Stack

Bluebook (online)
708 So. 2d 1071, 1998 WL 44982, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcintyre-lactapp-1998.