State v. McLendon

185 So. 3d 303, 15 La.App. 3 Cir. 668, 2016 La. App. LEXIS 233, 2016 WL 516537
CourtLouisiana Court of Appeal
DecidedFebruary 10, 2016
DocketNo. 15-668
StatusPublished
Cited by1 cases

This text of 185 So. 3d 303 (State v. McLendon) 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. McLendon, 185 So. 3d 303, 15 La.App. 3 Cir. 668, 2016 La. App. LEXIS 233, 2016 WL 516537 (La. Ct. App. 2016).

Opinion

THIBODEAUX, Chief Judge.

11 Defendant, Damien Marques McLen-don, Jr,, was indicted for possession of cocaine with intent to distribute, in violation of La.R.S. 40:967, conspiracy to distribute cocaine, in violation of La.R.S. 14:26 .and La.R.S. 40:967, and obstruction of justice, in violation of La.R.S. 14:130.1. McLendon filed .a motion to suppress, which was denied by the trial court. McLendon later entered a “Crosby plea” as to the first count, reserving the right to seek review of the denial of his motion to suppress] The State dismissed counts two and .three, and McLendon was sentenced to fifteen years at hard labor.

McLendon no\v appeals the trial court’s denial of his motion to suppress, arguing that the trial court erred when it determined that despite contradictory testimony provided by officers, that a traffic violation occurred; that merely “hitting” or “bumping” the fog line constituted a traffic violation; and that McLendon violated his probation by leaving the state of Louisiana. We disagree. For the following reasons, we affirm Defendant’s conviction and the trial court’s denial of Defendant’s motion to suppress.

I.

ISSUES

We must determine:

(1) whether the trial court erred in finding that, even in light of the contradicting testimony provided by the officers at the hearing, a traffic violation occurred.
(2) whether the trial court erred in find- ■■ ing that merely “hitting” or “bumping” the fog. line was sufficient to constitute a traffic violation.
[305]*305| a(3) whether the trial court1 erred in finding that McLendon violated his probation by leaving the state of Louisiana.

II.

FACTS AND PROCEDURAL HISTORY

On the evening of October 7, 2014, law enforcement officers in Beauregard Parish were conducting a drug interdiction operation on Highway 190 when Detective Joshua Stanford and Probation Officer Leland Hughes, in an unmarked vehicle, observed an automobile driven by Defendant Damien Marques McLendon crossing into Louisiana from Texas. Detective Stanford‘followed the vehicle for approximately twelve miles before he saw it “touch” the fog line. Soon thereafter, Detective Stanford informed Detective Barry Thompson, driving in a marked police vehicle and accompanied by Detective Thurman Buckley, to initiate a traffic stop for the alleged traffic violation. Thompson testified that after following McLendon for approximately thirty seconds, he also saw McLendon’s vehicle “bump” the fog line. Thompson initiated a traffic stop and requested and verified McLendon’s license and registration. Although no further infractions were discovered, Thompson ordered McLendon and his passenger, Carl Marzette, to exit the vehicle. Detective Thompson testified that Marzette immediately fled. In doing so, he exposed a bag of cocaine that had fallen from the passenger' side of the vehicle. Marzette was ultimately 'detained, and he and McLendon were arrested for felony drug violations.

_kIIL

STANDARD OF REVIEW

A trial court’s ruling on a motion to suppress is reviewed under the manifest error standard of review for factual determinations, while applying a de nóvo standard of review to findings of law. State v. Hemphill, 41,526 (La.App. 2 Cir. 11/17/06), 942 So.2d 1263, writ denied, 06-2976 (La.3/9/07), 949 So.2d 441.

When a trial court rules on a defendant’s motion to suppress, the appellate court must look at the totality of the evidence presented at the hearing on the motion to suppress. The appellate court . should not overturn a trial court’s ruling, ■unless the trial court’s conclusions are not supported by the evidence, or there exists an internal inconsistency in the testimony of the witnesses, or there was a palpable or obvious abuse of discretion.

State v. Bargeman, 98-617, p. 5 (La.App. 3 Cir. 10/28/98), 721 So.2d 964, 967, writ denied, 99-33 (La.5/28/99), 743 So.2d 658.

IV.

LAW AND DISCUSSION

The Occurrence of a Traffic Violation

McLendon first argues the trial court erred in finding that a traffic violation occurred in light of the contradictory testimony of the officers. McLendon maintains that while Detectives Stanford and Thompson testified that they observed McLendon’s vehicle touch or bump the fog line, Officers Hughes and Buckley, both passengers in Stanford and Thompson’s vehicles respectively, .testified that they did not observe a traffic.violation. McLen-don characterized this inconsistency as an “internal contradiction and irreconcilable conflict,” and relies on State v. Robinson, 02-1869, p. 16 (La.4/14/04), 874 So.2d 66, 79, cert. denied, 543 U.S. 1023, 125 S.Ct. 658, 160 L.Ed.2d 499 (2004), which concluded that “in the absence of | internal contradiction or irreconcilable conflict with the physical evidence, one witnesses testimony, if believed by the trier of fact, is sufficient to support a factual conclusion.” [306]*306While we are not in disagreement with the conclusions' reached in Robinson, we do not find them to be applicable to this case. Here, while Detectives Stanford arid Thompson testified that they witnessed McLendon’s vehicle either “bump” or “touch” the fog line, Officers Hughes and Buckley testified that they,did not see a traffic violation occur. . .

We find that although Officers Hughes and Buckley testified that they did not witness a traffic violation, their lack' of knowledge does-not constitute an “irreconcilable conflict” in-the testimonies of the detectives ' .and officers at the hearing. Thus, had Officers Hughes and Buckley testified that no traffic violation occurred, the contradiction in the testimonies would have presented an irreconcilable conflict. We, thus, do not find that the trial court abused its discretion by finding Detectives Stanford and Thompson’s testimony to be credible and determining that a traffic violation occurred.

Whether the Alleged Violation Constitutes a Traffic Violation

McLendon heavily relies on State v. Vaughn, 448 So.2d 915 (La.App. 3 Cir.1984), in making the assertion that merely touching the fog line constitutes a de min-imis violation for which one cannot justifiably be subjected to a traffic stop. However, we find that Vaughn is an outlier in an array of Louisiana case law whose precedent expressly advances the opposite outcome. Louisiana Revised Statutes 32:79(a) provides that “whenever any roadway has been divided into two or more clearly marked lanes ... [a] vehicle shall be driven as nearly as practicable entirely within a single lane ... (emphasis added).” Moreover, La.Code Crim.P. 15art. 215.1 provides- that “[a] law enforcement officer may stop a person in a public place whom he reasonably suspects is committing, has committed, or is about to commit an offense and may demand of him- his name, address, and an explanation of his actions.” Finally, under both state and federal constitutions, law enforcement officers are entitled to make a “Terry Stop” of a person or vehicle when they reasonably suspect criminal activity. La.Code Crim.P. art. 215.1; Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).

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Bluebook (online)
185 So. 3d 303, 15 La.App. 3 Cir. 668, 2016 La. App. LEXIS 233, 2016 WL 516537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mclendon-lactapp-2016.