State v. Powell

746 So. 2d 825, 1999 WL 1078721
CourtLouisiana Court of Appeal
DecidedNovember 17, 1999
Docket98-KA-0278
StatusPublished
Cited by6 cases

This text of 746 So. 2d 825 (State v. Powell) 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. Powell, 746 So. 2d 825, 1999 WL 1078721 (La. Ct. App. 1999).

Opinion

746 So.2d 825 (1999)

STATE of Louisiana
v.
Nolan J. POWELL.

No. 98-KA-0278.

Court of Appeal of Louisiana, Fourth Circuit.

November 17, 1999.

*826 Harry F. Connick, District Attorney of Orleans Parish, John Jerry Glas, Assistant District Attorney of Orleans Parish, New Orleans, Louisiana, Counsel for Plaintiff/Appellee.

John H. Thomas, Arnold, Thomas & Gillio, LLP, New Orleans, Louisiana, Counsel for Defendant/Appellant.

Court composed of Judge ROBERT J. KLEES, Judge MIRIAM G. WALTZER, Judge ROBERT A. KATZ.

*827 KATZ, Judge.

STATEMENT OF THE CASE

On November 6, 1996, appellant Nolan J. Powell was charged by bill of information with possession of stolen property valued at five hundred dollars or more. Following a jury trial on January 23, 1997, the appellant was found guilty as charged. On February 21, 1997, the court denied defense motions for post verdict judgment of acquittal and for new trial. On February 28, 1997, Powell was found to be a triple offender and sentenced to serve six years and eight months under the Habitual Offender Law.

It is from this conviction and sentence that the defendant now appeals.

STATEMENT OF THE FACTS

On September 28, 1996, John Taylor, a salesman for Benson Toyota in Jefferson Parish, left the dealership premises with a new Toyota Tacoma pick-up truck valued at over sixteen thousand dollars, purportedly to take it to a customer's house to complete a sale. About three hours later, the customer called to report that the salesman had not shown up with the vehicle. The personnel at the dealership were first concerned for the safety of their salesman. After waiting a while longer, they called 911 and reported to the Jefferson Parish Sheriff's Office that Taylor and the vehicle were missing.

The following day, Lyndon Lasiter, sales manager for the dealership, received a call from the Sheriff's Office advising him that John Taylor had an extensive prior arrest record, and had probably left the dealership with the intent to steal the vehicle. The report was subsequently changed from a missing person to a stolen vehicle.

On October 16, 1996, at about 11:00 a.m., Officers Garold Fayard and Jerome Dupre were on patrol in uniform and in a marked vehicle traveling behind a truck at the intersection of Dale and Drew Streets in New Orleans. The driver of the truck pulled the truck over and parked it at an angle which obstructed traffic in one direction of a two-way street. When the driver, identified as the defendant Nolan Powell, exited the vehicle, the officers stopped him to cite him for obstruction of traffic.

The officers requested Powell's driver's license, proof of ownership, proof of registration and proof of insurance. The defendant had none of these items. The officers noted that the vehicle had no license plate and no temporary tag. Officer Fayard obtained the vehicle identification number from the dashboard and ran it through the National Crime Intelligence Computer (NCIC). A few moments later he was advised that the vehicle had been reported stolen on September 28, 1996. Powell was then arrested for theft of the vehicle and was advised of his Miranda rights.

The defendant and the subject vehicle were taken to the district station. While driving the vehicle to the station, Officer Fayard noticed a receipt showing that a locksmith had been to 4659 Ray Street on October 4, 1996 to make an ignition key for a truck. The owner of Champion Lock Company produced the company's copy of the invoice and verified that an employee of his company had gone to the address shown and had made an ignition key at the request of the defendant.

After being advised of his arrest, the defendant stated to Officer Fayard that he purchased the vehicle from John Taylor.

The defendant's sister, Karlas Powell, testified that her brother was a musician in the evening, but did mechanical and detail work on cars during the day. She testified that she lived at 4657 Ray Avenue in the other side of a double from the defendant, and knew that the truck had been at his house for awhile. She further testified that the defendant told her that he had done some work on the truck for John Taylor, but that Taylor never came back to pick it up. She testified that the defendant had keys made by a locksmith because he lost the keys given to him by John Taylor.

*828 ERRORS PATENT

A review of the record for errors patent indicates that there were none.

ASSIGNMENT ONE

The appellant argues that the evidence was insufficient to support the jury's conclusion that the defendant knew or had reason to know that he was in possession of a stolen vehicle. The standard of appellate review for sufficiency of the evidence is whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found that the State proved 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).

Although the steering column was not broken, nor the VIN scratched out, there was ample evidence for a jury to conclude that the defendant knew or should have known that the vehicle was stolen. First, there were contradictory statements by the defendant and his sister over how the defendant came to be in possession of the vehicle. The defendant stated to Officer Fayard that he purchased the vehicle from John Taylor, but could produce no bill of sale. The defendant's sister testified that the defendant worked on the vehicle for John Taylor. She further testified that the defendant knew the vehicle belonged to Benson Toyota, yet when Taylor never came to pick it up, the defendant did not call the dealership. Further, the defendant had an independent locksmith make an ignition key rather than obtain a key from the dealer. Last and most important, the vehicle had no license, temporary or otherwise, and the defendant could produce no registration papers or bill of sale.

If, as contended by the defense, the defendant only possessed the vehicle to work on it, it would seem logical that he would have called the dealer to find out why the vehicle had not been picked up so that he could be paid for his work. From the evidence, a factfinder could conclude beyond a reasonable doubt that the defendant knew or should have known that the vehicle was stolen. This assignment is without merit.

ASSIGNMENT TWO

The appellant argues that the trial court erred in denying the motion to suppress the evidence. He refers to the receipt found in the vehicle by Officer Fayard after the defendant was arrested, while Officer Fayard was transporting the vehicle to the district station. People have the right to be secure "in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. CONST. amend. IV; LA. CONST. art. I, § 5. As noted by the State, the defendant had no Fourth Amendment expectation of privacy in a vehicle which did not belong to him. However, assuming the defendant had such a right, the discovery of the locksmith receipt fits recognized exceptions to the warrant requirement.

Objects falling in plain view of an officer who has a right to be in the position to have that view are subject to seizure and may be introduced into evidence. Harris v. United States, 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067 (1968).

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Cite This Page — Counsel Stack

Bluebook (online)
746 So. 2d 825, 1999 WL 1078721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-powell-lactapp-1999.