State v. Monroe

602 So. 2d 125, 1992 La. App. LEXIS 1829, 1992 WL 135073
CourtLouisiana Court of Appeal
DecidedJune 18, 1992
DocketNo. 91-KA-0145
StatusPublished

This text of 602 So. 2d 125 (State v. Monroe) 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. Monroe, 602 So. 2d 125, 1992 La. App. LEXIS 1829, 1992 WL 135073 (La. Ct. App. 1992).

Opinions

JONES, Judge.

Defendant was convicted of distribution of heroin, a violation of R.S. 40:966. He was sentenced to life imprisonment at hard labor without benefit of probation or suspension of sentence.

On January 22, 1988 at about 9:00 p.m., Officers Landry, Smith and Parker drove to Rose’s Tavern in conjunction with their participation in Operation Pitter-Pat, an undercover operation targeted at drug dealers in the Mid-City area. Landry exited the car and went into the bar to try to make an undercover drug purchase. Smith and Parker stayed in the car to provide back-up assistance.

Officer Evans, the supervisor of this operation, was stationed in another car further away so that he could provide additional back-up assistance. He watched Landry through his binoculars.

When Landry went into the bar, he saw a woman named Rae Ann Morgan. He bought some drugs from her, then asked if she had seen a man called “Put-Put.” She said that the man called “Put-Put” was “around.” Landry walked out of the bar. As he was walking out he saw “Put-Put”. He gave this “Put-Put” twenty-five dollars for some heroin. This “Put-Put” went into the bar, got the heroin from Rae Ann Morgan, and returned to give it to Landry.

Landry then left with Smith and Parker. He turned the heroin in to the Evidence Room later that night, noting on it that it had been seized from a “known male.”

Landry testified that days before the sale he had asked Officer Evans, the real name of the man called “Put-Put.” Officer Evans told Landry that, based upon information received from confidential informants, he thought the man’s name was David Monroe and that the man was Rae Ann Morgan’s boyfriend. Landry then obtained a photograph of David Monroe, whom Landry had known as “Put-Put,” and showed it to Evans, who identified the individual in the picture as David Monroe. After Landry made the purchase, he reported to Officer Evans and told him that he had purchased heroin from the defendant, David Monroe.

The defendant was subsequently arrested three months later when Operation Pit-ter-Pat ended.

Connie Franklin, Cynthia Franklin and Barbara Gordon, all sisters of the defendant’s wife, Pamela, testified that on the night of January 22, 1988, the defendant and Pamela gave a surprise birthday party for Cynthia at their house. According to them, the defendant was at the party from around 5:00 p.m. until after 1:00 a.m.

Bertha Irons, a guidance counselor at John McDonogh High School, Mary Dailey, a school teacher in Orleans Parish, and Barbara Dewey, a guidance counselor with the school board, all testified that based upon the defendant’s reputation, as presented to them by various sources in the community, they had allowed the defendant to give speeches to various student groups about the dangers of drug abuse. Although the defendant had a prior record, they thought that he had changed and was devoted to helping children fight drug use.

Joe Miller, an FBI employee, testified that he had known the defendant all his life and that the defendant was a role model for children in the community and helped them stay off drugs.

Rolland Monroe, the defendant’s brother, testified that he and the defendant had another brother named Aaron, that Aaron’s nickname was also “Put-Put,” that Aaron [127]*127was known as “Little Put-Put” and the defendant was known as “Big Put-Put,” and that Aaron was Rae Ann Morgan’s boyfriend, not the defendant. He further testified that Aaron had a drug problem and was not at the birthday party on the night of the drug sale.

The defendant testified in his own behalf. He denied committing the crime. He testified that he was at the birthday party for Cynthia when the drug sale occurred. He further testified that he had never used drugs and was involved in community work. He admitted that he had been convicted of armed robbery when he was fourteen years old and had been sentenced to the Louisiana Training Institute for “juvenile life.” He also admitted that while he was at LTI he participated in a murder which resulted in his serving an additional ten years in Angola. He was twenty-five years old at the time of trial.

Originally charged with two counts of distribution of heroin, the defendant was tried by jury on March 15, 1990. He was found not guilty on the first count. The jury was hung on the second count, resulting in a mistrial. The defendant was tried again on the second count on September 12, 1990 and found guilty as charged by the jury.

ERRORS PATENT

In this case the defendant was sentenced on the same day that his motion for new trial was denied. La.C.Cr.P. art. 873 provides that a sentence shall not be imposed until at least twenty-four hours after denial of a motion for new trial unless the defendant expressly waives the delay. There is no indication that the defendant waived this twenty-four hour delay. However, since the defendant has not challenged his sentence on appeal, such error is harmless. State v. Collins, 584 So.2d 356 (La.App. 4th Cir.1991).

ASSIGNMENT OF ERROR NO. 1

The defense contends that the trial court erred in allowing inadmissible hearsay into evidence. It refers to portions of the trial transcript where state witness, Officer Evans, testified on redirect examination that he had learned from two informants that “Put-Put” was David Monroe and the boyfriend of Rae Ann Morgan. The defense counsel objected and was overruled.

The defense contends that it was error to allow Officer Evans to testify regarding what the informants told him because such testimony constitutes hearsay. The defense further contends that the introduction of this hearsay testimony was not harmless because the information contained therein was not cumulative and because the informants did not themselves testify to verify Officer Evans’ statements regarding what had been told to him.

The defense failed to inform the court that it had already specifically elicited this hearsay testimony from Officer Evans on cross examination. Because the defense had already specifically elicited this information from Officer Evans, its objection to the elicitation of this same information by the State on redirect was too late and without merit. Thus, this assignment of error is without merit.

ASSIGNMENT OF ERROR NO. 2

During the direct examination of the defendant, defense counsel asked the defendant about the public speaking he allegedly did to encourage students not to use drugs. The state objected on the ground that the information sought was not relevant. The trial court sustained the objection and refused to allow the defendant to testify on this issue.

The defense contends that the trial court impermissibly restricted the defendant’s right to present a defense by refusing to allow the defendant to testify regarding these public speaking engagements.

Article I, Section 16 of the 1974 Louisiana Constitution guarantees the defendant the right to present a defense and to testify in his own behalf. Even if the trial court erred in finding that the information was irrelevant, the error is harmless because it did not deprive the defendant of his right to present a defense. Three teachers and/or guidance counselors had already [128]*128testified regarding the public speaking the defendant did. Thus, the jury had access to this information.

The facts of this case differ from those presented in State v. Shoemaker,

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Related

State v. Collins
584 So. 2d 356 (Louisiana Court of Appeal, 1991)
State v. Smith
418 So. 2d 534 (Supreme Court of Louisiana, 1982)
State v. Morgan
513 So. 2d 361 (Louisiana Court of Appeal, 1987)
State v. Shoemaker
500 So. 2d 385 (Supreme Court of Louisiana, 1987)
State v. Morgan
514 So. 2d 1179 (Supreme Court of Louisiana, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
602 So. 2d 125, 1992 La. App. LEXIS 1829, 1992 WL 135073, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-monroe-lactapp-1992.