State v. O'BLANC

346 So. 2d 686
CourtSupreme Court of Louisiana
DecidedMay 16, 1977
Docket58846
StatusPublished
Cited by37 cases

This text of 346 So. 2d 686 (State v. O'BLANC) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. O'BLANC, 346 So. 2d 686 (La. 1977).

Opinion

346 So.2d 686 (1977)

STATE of Louisiana
v.
Milton O'BLANC and Emery LeJeune.

No. 58846.

Supreme Court of Louisiana.

May 16, 1977.
Rehearing Denied June 17, 1977.

*688 Robert F. DeJean, Sr., DeJean & DeJean, Opelousas, Emile A. Carmouche, Jr., Crowley, Patrick C. Morrow, Morrow & Morrow, Opelousas, for defendants-appellants.

William J. Guste, Jr., Atty. Gen., Walter L. Smith, Jr., Barbara Rutledge, L. J. Hymel, Jr., Asst. Attys. Gen., for plaintiff-appellee.

MARCUS, Justice.

Milton O'Blanc and Emery LeJeune were jointly indicted by the grand jury of St. Landry Parish on one count of conspiracy to distribute controlled dangerous substances, to-wit: biphetamine, glutethimide and pentobarbitol (crimes defined in La.R.S. 40:967 and 968), in violation of La.R.S. 14:26, and three separate counts of distribution with each count charging distribution of one of the aforesaid controlled substances. After a joint trial by jury, defendants were found guilty of count one (conspiracy to distribute controlled dangerous substances) and not guilty as to the other three counts of distribution. Subsequently, defendants were sentenced to serve five years imprisonment at hard labor. On appeal, defendants rely on seven assignments of error for reversal of their convictions and sentences.

ASSIGNMENT OF ERROR NO. 1

Defendants assign as error the failure of the trial court to compel responses to certain requests for information contained in their bill of particulars which related to the purpose of the alleged conspiracy to distribute controlled dangerous substances. In assigning reasons for his ruling, the trial judge stated that the information sought by defendants was irrelevant to the offense with which they were charged and was not necessary to set up more specifically the nature and cause of the charge against them.

Defendants were accused of conspiring with one Sylvia Marcotte to distribute controlled substances to Homer Guillory, an investigator with the district attorney's office. The avowed aim of the conspiracy was to discredit Guillory's credibility by surreptitiously "planting" the pills in his car *689 without his knowledge. In furtherance of the scheme, defendants contacted Sylvia Marcotte in November, 1975, to enlist her aid in the venture. Miss Marcotte agreed to cooperate and subsequently placed the pills in Guillory's car.

In their bill of particulars, defendants requested information as to whether it was the state's contention that the purpose of the alleged conspiracy was to distribute controlled substances or to frame Guillory by placing the pills in his vehicle. Defendants contend that this information was necessary to their defense that there was no specific intent to distribute controlled substances, an essential element of the offense of conspiracy to distribute controlled dangerous substances, but only to discredit Guillory. Additionally, information was sought as to the purpose of the November meeting between defendants and Sylvia Marcotte.

The function of a bill of particulars is to inform a defendant more specifically of the nature and cause of the charge against him. La.Code Crim.P. art. 484; State v. Jones, 332 So.2d 466 (La.1976); State v. Monk, 315 So.2d 727 (La.1975); State v. Nance, 315 So.2d 695 (La.1975). However, the bill of particulars cannot be used as a device to secure the details of the state's evidence or to burden the state with requests for information unrelated to the nature and cause of the charge. State v. Devore, 309 So.2d 325 (La.1975); State v. Rose, 271 So.2d 863 (La.1973).

The information requested by defendants in their bill of particulars is of no relevance with respect to the offense with which they are charged. The fact that the true motive of the conspiracy was to discredit Guillory, with the distribution of the controlled substances being merely the method of effectuating the main design, has no bearing on the right of the state to prosecute defendants for the crime of conspiracy to distribute controlled dangerous substances. Nor was the information as to the purpose of the meeting between defendants and Miss Marcotte necessary to inform defendants of the nature and cause of the charge against them. The indictment, as implemented by answers of the state to defendants' bill of particulars, clearly sets forth that the meeting among the parties was for the purpose of conspiring to distribute controlled dangerous substances to Homer Guillory. Since defendants were sufficiently apprised of the nature and cause of the charge against them, the requests for information were properly denied.

Assignment of Error No. 1 is without merit.

ASSIGNMENT OF ERROR NO. 2

Defendants contend that the trial court erred in denying their motion to quash the indictment. They allege that the indictment was defective for several reasons, most important of which is that it improperly charged them with conspiracy to distribute controlled substances under La.R.S. 14:26 rather than with conspiracy under La.R.S. 40:979. It is their contention that a charge of conspiracy to distribute controlled dangerous substances must be brought under the latter provision since it is the special statutory provision which governs conspiracy in relation to violations of the Uniform Controlled Dangerous Substances Law. Failure to so charge them, they argue, renders the indictment fatally defective. In denying the motion to quash, the trial judge ruled that La.R.S. 40:979 was not exclusive and hence prosecution could be maintained under La.R.S. 14:26.

La.R.S. 40:979, a provision of the Uniform Controlled Dangerous Substances Law, states:

Any person who attempts or conspires to commit any offense denounced and/or made unlawful by the provisions of this part shall, upon conviction, be fined or imprisoned in the same manner as for the offense planned or attempted, but such fine or imprisonment shall not exceed one-half of the punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
In pertinent part, La.R.S. 14:26 provides:
*690 Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.
. . . . .
Whoever is a party to a criminal conspiracy to commit any other crime shall be fined or imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; but such fine or imprisonment shall not exceed one-half of the largest fine, or one-half the longest term of imprisonment prescribed for such offense, or both.

(Emphasis added.)

The import of the statute is clearly to punish a conspiracy to commit any crime as defined in La.R.S. 14:7:

A crime is that conduct which is defined as criminal in this Code, or in other acts of the legislature, or in the constitution of this state. (Emphasis added.)

The distribution of controlled dangerous substances has been defined as criminal by the legislature in La.R.S. 40:967 and 968. It therefore follows that a conspiracy to commit these crimes is punishable under La.R.S. 14:26 as well as under La.R.S. 40:979.

Furthermore, La.R.S. 14:4 provides:

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Bluebook (online)
346 So. 2d 686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oblanc-la-1977.