State v. Patin

150 So. 3d 435, 2014 WL 4723857
CourtLouisiana Court of Appeal
DecidedSeptember 24, 2014
DocketNo. 13-KA-618
StatusPublished
Cited by11 cases

This text of 150 So. 3d 435 (State v. Patin) 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. Patin, 150 So. 3d 435, 2014 WL 4723857 (La. Ct. App. 2014).

Opinions

STEPHEN J. WINDHORST, J.

|2The defendant, Morris Patin, was convicted of three counts of drug possession in the 24th Judicial District Court, Division “E.” For the reasons that follow, we affirm defendant’s convictions and sentences.

FACTS AND PROCEDURAL HISTORY

On February 24, 2012, the Jefferson Parish District Attorney filed a bill of information charging the defendant with: Count 1: Possession of 28 grams or more, but less than 200 grams of heroin, in violation of La. R.S. 40:966D(l)(a); Count 2: Possession of alprazolam in violation of La. R.S. 40:969C; and Count 3: Possession of oxycodone in violation of La. R.S. 40:967C. The defendant was arraigned on February 28, 2012, and pleaded not guilty to all counts. Following a hearing on May 9, 2012, the trial court denied the defendant’s motion to suppress evidence and statement.

|sOn July 10, 2012, the State filed a notice of intent to introduce proof of other crimes, wrongs or acts committed by the defendant, pursuant to La. C.E. art. 404B. Specifically, the State intended to introduce evidence related to a recent arrest of the defendant in New Orleans which oc[437]*437curred 22 days prior to the offense charged in the present case, as evidence of the defendant’s intent, knowledge, and absence of mistake or accident. The State asserted that in both the New Orleans case and in the present case, the defendant was in possession of similar amounts and classes of narcotics, and made similar denials to officers regarding the ownership of the contraband and whether he lived in the residences where the contraband was found. The State argued that the evidence would be of more probative value to the trier of fact than prejudicial to the defendant in the present case.

The hearing pursuant to La. C.E. art. 404B (hereafter “404B hearing”) took place on July 28, 2012. NOPD officers had conducted a controlled purchase from the defendant at a New Orleans residence and had executed a search warrant at the residence where they recovered evidence of drug dealing. The State argued that evidence seized in the defendant’s New Orleans arrest that occurred less than a month prior would be informative and relevant to show an absence of mistake, and would also be admissible as res gestae, because it was part of an integral act. The State also contended that at trial the defendant would argue that the contraband items belonged to defendant’s girlfriend, and that evidence showing intent and absence of mistake or accident would be very relevant to proving the charges in this case and to determining the owner of the controlled dangerous substances. The New Orleans case was still pending at the time of the motion hearing.

The defendant argued that any probative value of the State’s evidence, if any, was greatly outweighed by the prejudicial effect which would unduly influence the jury.

14At the conclusion of the 404B hearing, the trial court ruled in the State’s favor, allowing introduction of evidence of the New Orleans arrest, finding that the other acts as alleged showed an absence of mistake. The court noted that circumstances of the New Orleans case were the same as the present case. Most significantly, the defendant was observed by officers in a controlled-buy setting, and was again present in the residence when a search warrant was executed.

Trial Evidence and Facts

Lieutenant Donald Meunier and Detective Mark Layrisson of the JPSO narcotics division each testified about their participation in the surveillance and arrest of the defendant in Metairie on January 20, 2012. JPSO’s investigation began when Lieutenant Meunier was notified that officers of the New Orleans Police Department were seeking assistance with their surveillance of the defendant in the 4000 block of Hess-mer Avenue in Metairie, Louisiana. Lieutenant Meunier and Detective Layrisson, along with their team, assisted in the surveillance from about 10:00 A.M. until about 1:00 P.M.

While under surveillance, the defendant left the apartment driving a vehicle belonging to his girlfriend, Ebonee Williams, who was a passenger in the car. After observing defendant make traffic violations, the JPSO officers conducted a traffic stop. The officers informed Ms. Williams that defendant was under investigation for narcotics and obtained her written consent to search the apartment. Lieutenant Meunier advised defendant of his Miranda1 rights. Believing that defendant resided with Ms. Williams, the officers presented him with the same consent to search form. Defendant refused to sign the form, but also denied living in the [438]*438apartment and said he did not have any property there. Based |son the consent of Ms. Williams, who was the lessee, the officers entered the apartment to conduct a search.

Detective Chris Henley, an NOPD canine handler, conducted a canine “sniff’ of the interior of the apartment. The dog, trained to detect narcotics, alerted to a dresser in the upstairs bedroom. Inside of a sock in the dresser, Detective Paul Smith recovered a clear bag containing individual bags of a tan powder consistent with heroin. Detective Layrisson testified that the bags were consistent with packaging intended for distribution, and the quantity and packaging indicated that the narcotics were obviously not for personal use. On top of the dresser, detectives found the defendant’s receipt for posting bail in the New Orleans case, which bore defendant’s name and listed his address as 4000 Hess-mer Avenue, Metairie. The receipt was admitted into evidence.

During a systematic search of the kitchen, the officers discovered a plastic bag containing rice and two additional clear bags of tan powder, several empty bags, and a clear plastic bag with white shards2 all located at the bottom of a cereal box on top of. the refrigerator. Inside of the bag of rice, the officers found tan powder that later tested positive for heroin. Detective Layrisson explained that in his experience rice is commonly used to wick moisture from and preserve heroin. In a small plastic cup located in a kitchen cabinet were several tablets, later identified as alprazolam and oxycodone. The defendant’s Transportation Worker Identification Credential (TWIC)3 was found on the kitchen countertop. Detective Layrisson also observed that the Adidas shoes and shoe boxes found in the apartment were consistent with the Adidas shoes worn by the defendant at the time of arrest.

| fiDuring Detective Layrisson’s interview with Ms. Williams, she indicated that she was renting the apartment and did not indicate that the defendant was a co-renter or co-inhabitant of the apartment. Ms. Williams was in possession of the apartment key, not the defendant. Detective' Layrisson acknowledged that the arrest ■affidavit listed a different address for the defendant, and that he did not have any indication that Defendant was a resident of the apartment at the time of his arrest (other than the receipt for bail). Ms. Williams informed Detective Layrisson that she purchased the clothing in the apartment for the defendant, but there was no indication of whether the defendant had ever worn them. Ms. Williams denied ownership and knowledge of the substances but did not accuse the defendant. She was not arrested.

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Cite This Page — Counsel Stack

Bluebook (online)
150 So. 3d 435, 2014 WL 4723857, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-patin-lactapp-2014.