State v. Raymond

695 So. 2d 1039, 1997 WL 277389
CourtLouisiana Court of Appeal
DecidedMay 28, 1997
Docket97-KA-81
StatusPublished
Cited by10 cases

This text of 695 So. 2d 1039 (State v. Raymond) 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. Raymond, 695 So. 2d 1039, 1997 WL 277389 (La. Ct. App. 1997).

Opinion

695 So.2d 1039 (1997)

STATE of Louisiana
v.
Reginald RAYMOND.

No. 97-KA-81.

Court of Appeal of Louisiana, Fifth Circuit.

May 28, 1997.

*1040 Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Assistant Dist. Atty., Gretna, for Plaintiff-Appellee.

W.R. Campbell, Louisiana Appellate Project, New Orleans, for Defendant-Appellant.

Before BOWES, GRISBAUM and DUFRESNE, JJ.

DUFRESNE, Judge.

STATEMENT OF THE CASE

The Jefferson Parish District Attorney filed a bill of information on May 3, 1996, charging defendant, Reginald Raymond, with two counts of distribution of cocaine, in violation of LSA-R.S. 40:967A. At the May 15, 1996 arraignment, defendant pled not guilty. The charges proceeded to trial before a twelve person jury on June 6, 1996. After considering the evidence presented, the jury found defendant guilty of both counts of distribution of cocaine.

On June 26, 1996, the state filed a bill of information pursuant to LSA-R.S. 15:529.1 seeking to have defendant adjudicated a multiple offender and sentenced accordingly. On the same day that the bill was filed, defendant pled not guilty[1] and the court conducted a hearing on the multiple offender bill of information. After considering the evidence presented, the judge adjudicated defendant a fourth felony offender and sentenced him on the first count to seventy-five (75) years at hard labor without benefit of probation, parole or suspension, pursuant to the provisions of LSA-R.S. 15:529.1. On the second count, the trial judge sentenced defendant to ten (10) years at hard labor to run concurrently with the sentence imposed in count one.

Defendant thereafter filed a motion to reconsider sentence and a motion for appeal. The trial judge granted defendant's motion for appeal on July 2, 1996, and subsequently denied his motion to reconsider sentence on December 13, 1996.

FACTS

In August of 1994, Sergeant Joe Williams of the Jefferson Parish Sheriff's Office, received information from a confidential informant, who had proved very reliable in the past, relative to individuals selling crack cocaine in the Marrero area. Upon receiving this information, Sergeant Williams contacted Agent Michael Jackson and requested that he go in an undercover capacity and attempt to purchase some crack cocaine.

On August 12, 1994, after being equipped with a transmitter and given $250.00, Agent Jackson, accompanied by the confidential informant, proceeded to Teenie's Bar located in the 6200 block of Field Street in Marrero. Upon their arrival shortly after 3:00 p.m., Agent Jackson parked the car, at which time both he and the confidential informant exited the vehicle. The confidential informant introduced the undercover officer to defendant but then moved away so as not to be involved in the transaction. Agent Jackson told defendant that he wanted to buy $250.00 worth of crack cocaine. Defendant handed the officer a matchbox which contained approximately 2.6 grams of cocaine, and after looking inside, the officer handed defendant $250.00. Following completion of the transaction, Agent Jackson went to a pre-arranged location and turned the evidence over to Officer Williams who performed a preliminary field test on the substance. Having proved positive for the presence of cocaine, Officer Williams then processed the evidence and secured it in the evidence locker to await further analysis by the crime laboratory. The results of that subsequent testing proved positive for the presence of cocaine. Agent *1041 Jackson positively identified defendant both in a photographic lineup conducted after the transaction and at trial as the individual from whom he purchased the cocaine.

The second undercover transaction occurred on August 15, 1994, and was similar in nature to the first transaction. On that evening, Agent Jackson, equipped with a transmitter and carrying $250.00, proceeded to Teenie's Bar in the 6200 block of Field Street in Marrero. Upon his arrival, sometime between 5:30 and 6:00 p.m., Agent Jackson parked his vehicle; however, before he had a chance to exit his car, defendant approached and asked if he wanted some more crack cocaine. When the officer replied in the affirmative, defendant gave the officer thirteen rocks of crack cocaine, and the officer, in exchange gave defendant $250.00. After the purchase, Jackson met Officer Williams at a pre-arranged location and turned over the evidence. Williams performed a preliminary field test on the substance and it proved positive for the presence of cocaine. Williams then processed the evidence and secured it at the detective bureau pending transport to the crime lab for analysis. The results of the subsequent analysis revealed the presence of cocaine.[2] Regarding the identity of the seller of the cocaine, Jackson informed Officer Williams that he made the purchase from the same individual that he bought the narcotics from on August 12, 1994. Also, Jackson identified defendant in court as the individual from whom he purchased the cocaine.

At trial, defendant called one witness, Reverend Davis, to testify in his behalf. Reverend Davis testified that he is the operations director for Filema after-care facility, which was designed to assist former inmates with their re-integrating back into society. Although he was unable to produce any records, Reverend Davis claimed that defendant was enrolled in that facility in August of 1994. Davis further testified that the participants followed daily schedules and needed permission in order to leave the facility, although he admitted that defendant sometimes left without permission. According to Reverend Davis, defendant had a serious problem with the consumption of drugs not the sale of drugs and further testified that if defendant had money, he had a propensity to spend it on cocaine for personal consumption.

On cross-examination, Reverend Davis admitted that he could not verify where defendant was on the afternoons of August 12 and 15, 1994. He also acknowledged that defendant or any of the other individuals in his facility could actually leave without permission.

After considering the evidence presented, the jury found defendant guilty of two counts of distribution of cocaine.

ASSIGNMENT OF ERROR NUMBER ONE

The trial court committed reversible error by forcing appellant to trial in leg shackles.

DISCUSSION

In the present case, prior to the selection of the jury, the following discussion occurred about the defendant being shackled during the trial:

THE COURT:
All right, now, let's put some stuff on the record here.
Mr. Raymond, I've allowed your hands to be unshackled, against better advice. I probably should keep them shackled, but I am not going to.
If there is any problem whatsoever, I'm going to have you shackled; do you understand that? Case law is very clear. Now, you're going to keep the shackles on your feet, to which your attorney can raise and[sic] opposition. That's fine. You can make it known.
Any shenanigans at all, and you are going to be shackled; is that understood completely? Do you understand that?
MR. RAYMOND:
He's going to—
MR. FLEMING:
*1042 Your Honor, Mr. Raymond previously has asked to be appointed and the Court has granted his request, to be co-counsel in this case.
THE COURT:
Uh-huh.
MR.

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Cite This Page — Counsel Stack

Bluebook (online)
695 So. 2d 1039, 1997 WL 277389, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-raymond-lactapp-1997.