State v. Ratliff

796 So. 2d 101, 2001 WL 1132032
CourtLouisiana Court of Appeal
DecidedSeptember 26, 2001
Docket35,144-KA
StatusPublished
Cited by7 cases

This text of 796 So. 2d 101 (State v. Ratliff) 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. Ratliff, 796 So. 2d 101, 2001 WL 1132032 (La. Ct. App. 2001).

Opinion

796 So.2d 101 (2001)

STATE of Louisiana, Appellee,
v.
Jason RATLIFF, Appellant.

No. 35,144-KA.

Court of Appeal of Louisiana, Second Circuit.

September 26, 2001.

*102 Indigent Defender Board by William Rick Warren, Minden, Louisiana Appellate *103 Project by Peggy J. Sullivan, Monroe, Counsel for Appellant.

Richard Ieyoub, Attorney General, James M. Bullers, District Attorney, J. Schuyler Marvin, C. Sherburne Sentell, III, Assistant District Attorneys, Counsel for Appellee.

Before STEWART, CARAWAY and DREW, JJ.

STEWART, J.

The defendant, Jason Ratliff, was tried by jury and convicted of conspiracy to possess a Schedule IV controlled dangerous substance, diazepam (Valium), with the intent to distribute. He was sentenced to serve two years imprisonment at hard labor and to pay a fine of $7,500 and court costs. An additional $2,500 was assessed as costs of prosecution to be paid to the district attorney's office in Webster Parish. The defendant now appeals his conviction and sentence. We affirm.

FACTS

In October 1999, Roberto Hernandez was a passenger in a customized van driven by his fiancee, Claudia Ortega.[1] Ortega was driving the van eastbound on Interstate 20 through Webster Parish, Louisiana, when they were stopped by Louisiana State Trooper Ted Raley for improper lane usage. Hernandez and Ortega seemed nervous and gave Trooper Raley inconsistent information regarding their destination. After obtaining consent to search the vehicle, Trooper Raley found a Zip Lock bag filled with a large number of small blue pills which appeared to be diazepam, otherwise known as Valium. Hernandez and Ortega were arrested and taken to the Webster Parish Sheriff's Office. A further search revealed seven Zip Lock bags filled with a total of 63,000 to 64,000 small blue tablets.

Troopers Lloyd Porter, Rick Horton, and J.D. Page of the narcotics section of the Louisiana State Police took over the investigation. After an interview with Trooper Porter, Hernandez agreed to cooperate with the troopers and to deliver the drugs to the defendant as originally planned. Hernandez related that the defendant previously introduced him to a man called "Chu Cho" in Laredo, Mexico, which is right across the border from Laredo, Texas. Hernandez stated that he had an agreement with the defendant to receive the diazepam from Chu Cho and to transport it from Laredo, Texas, to the defendant in Indianapolis, Indiana. Hernandez was to be paid $4,500 in cash for making the delivery. The defendant was to pay Chu Cho directly for the drugs.

After Hernandez's arrest in Minden, Trooper Horton, and Special Agent Kirk Walker of the U.S. Customs Service initiated a cell phone call from Hernandez to the defendant. The phone call was recorded. The defendant initiated a second cell phone call to Hernandez while Hernandez was still in custody in Minden. The troopers attempted to record this second conversation, but were unsuccessful. During one of these two phone calls, the defendant asked Hernandez if he wanted a car instead of money as payment. Hernandez told the defendant that he needed the money.

After contacting the Indiana State Police and coordinating a controlled delivery of the diazepam to the defendant, Troopers Porter, Horton, Page, and Agent Walker, together with Hernandez and Ortega, traveled in various separate vehicles to Indiana. Trooper Horton drove Hernandez and Ortega in Hernandez's van and *104 had possession of the black duffel bag containing the diazepam. During the drive, the defendant contacted Hernandez by cell phone a third time to check to see if Hernandez was still en route and if everything was still fine. Agent Walker overheard Hernandez's side of the conversation during all three cell phone calls between Hernandez and the defendant and listened to the recorded conversations at trial. No mention was made during these conversations of what was to be exchanged or sold between Hernandez and the defendant.

Upon arrival in Indianapolis, Indiana, state troopers from Indiana and Louisiana divided into different arrest teams and waited in various spots near the delivery location—the parking lots of a Denny's restaurant and an adjacent Motel 6. The controlled delivery from Hernandez to the defendant was captured on surveillance videotape by the Indiana State Police from a surveillance van. Hernandez wore a transmitting device which recorded the audio portion of the surveillance videotape.

As shown in the videotape, Hernandez and the defendant went inside the Denny's restaurant together. They then left Denny's and walked toward the defendant's truck located in Denny's parking lot. The defendant asked Hernandez whether he had "it" in a suitcase or gym bag. The defendant drove Hernandez to his van, which was located in the Motel 6 parking lot. Hernandez got out of the defendant's truck, opened the van door, and took the closed duffel bag containing the diazepam out of his van. Hernandez then got back into the defendant's truck and placed the duffel bag in the defendant's truck between the front seats. The defendant moved the bag to the back seat. Hernandez then asked the defendant where his money was located. As the defendant backed his truck out of the parking lot, he and Hernandez saw a police car with flashing lights. The defendant attempted to flee the scene by driving his truck out of the motel parking lot, almost hitting Agent Walker's vehicle.

When the defendant was arrested, the black duffel bag containing the diazepam was found in his truck. The drugs remained in the possession of the Indiana State Police after the defendant's arrest. Cash in the amount of $30,100.02 was seized from the defendant at the time of his arrest. The cash was found in a suitcase located in the rear of the defendant's truck.

On the afternoon of the defendant's arrest, Officer Richard Reed of the Indiana State Police performed a consent search of the defendant's residence. Officer Reed found over a thousand small blue pills in the defendant's garage hidden in an oil filter box.

At trial, Bradley M. Morrin, a drug chemist with the Indianapolis Laboratory and an expert in narcotics identification, testified that he tested approximately 70 of the pills provided to him by the Indiana State Police as random samples. Morrin determined that the pills were diazepam, commonly known by the trade name "Valium." His report was introduced into evidence at trial.

Richard Childress of the Shreveport Police Department, who was assigned to the DEA Task Force, testified at trial as an expert in the determination of the street value of controlled dangerous substances. He testified that the street value for a single Valium pill in Northwest Louisiana was five dollars at the time of the offense. Thus, the approximately 64,000 pills seized from the defendant had a total street value of about $320,000.

Trooper Driskell identified the defendant at trial as the person who received the controlled delivery of the drugs in the *105 instant offense. The surveillance videotape was played for the jury and introduced into evidence.

In accordance with an agreement to testify truthfully, Hernandez testified at trial regarding the defendant's participation in the plan to receive the diazepam and related the details of the controlled delivery. For his part in the crime, Hernandez was sentenced to 10 years imprisonment at hard labor, which was suspended or probated. Hernandez served 45 days in the Webster Parish Jail. His van, which he valued at approximately $10,000 or $12,000, was seized by the police.

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Cite This Page — Counsel Stack

Bluebook (online)
796 So. 2d 101, 2001 WL 1132032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ratliff-lactapp-2001.