State v. Rexrode

536 So. 2d 671, 1988 WL 133750
CourtLouisiana Court of Appeal
DecidedDecember 14, 1988
DocketCR88-420
StatusPublished
Cited by20 cases

This text of 536 So. 2d 671 (State v. Rexrode) 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. Rexrode, 536 So. 2d 671, 1988 WL 133750 (La. Ct. App. 1988).

Opinion

536 So.2d 671 (1988)

STATE of Louisiana
v.
Michael L. REXRODE.

No. CR88-420.

Court of Appeal of Louisiana, Third Circuit.

December 14, 1988.

*672 Louis Cosenza, Leesville, for defendant-appellant.

Vernon Clark, Asa Skinner, Asst. Dist. Attys., Leesville, for plaintiff-appellee.

Before GUIDRY, FORET and KNOLL, JJ.

GUIDRY, Judge.

On April 2, 1987, appellant, Michael Rexrode, was charged by bill of information with two counts of distribution of marijuana, a violation of La. R.S. 40:966.[1] On November 9, 1987, a twelve person jury found appellant guilty as charged. Appellant was subsequently sentenced to serve five years at hard labor on each count and fined a total of $3,500.00. The prison sentences, directed to run concurrently, were suspended and appellant was placed on supervised probation for a period of five years. Appellant seeks review of his conviction based on six assignments of error. Assignments of error numbered 2, 4 and 5 have not been briefed and therefore, are considered abandoned. State v. Dewey, 408 So.2d 1255 (La.1982).

FACTS

On January 23, 1987, a Criminal Investigation Division (C.I.D.) investigator from Fort Polk was instructed by her superiors to gather criminal intelligence at a lounge in Vernon Parish. The investigator, Valarie Vigil, proceeded to the lounge where she met appellant, Michael Rexrode. After shooting pool, appellant invited Vigil to his trailer home to smoke marijuana. While in the trailer, the investigator procured a small quantity of marijuana from appellant for which she paid $25.00. The investigator returned to her office and reported the purchase to her supervisor.

On February 6, 1987, the Army Criminal Investigation Division, in conjunction with the Vernon Parish Sheriff's Office, planned a controlled narcotics purchase from appellant. A listening device was placed on the C.I.D. investigator and she was supplied with $100.00 with which to purchase narcotics. At about 9:00 p.m., the investigator, followed by several police officers, drove south on U.S. Highway 171, to the Pleasure Palace where appellant was employed as a disc jockey. The investigator entered the lounge while the officers set up *673 surveillance from the opposite side of the highway. Upon entering the lounge, the investigator asked appellant whether he had contacted anyone regarding the possibility of purchasing narcotics. Appellant informed the investigator that he had not but instructed co-defendant, Guy Polzin, to visit an adjoining lounge and determine whether marijuana could be purchased there. At that time, Polzin walked to the Oriental Gardens and spoke with co-defendant, Gwenevere Friend, about the availability of marijuana. Friend, whose roommate was in possession of marijuana, informed Polzin that several bags were available for purchase. Polzin then returned to the Pleasure Palace and escorted the investigator back to the Oriental Garden. After being introduced to the investigator, Friend sold her three bags of marijuana for $75.00. The sale was made in the restroom at Oriental Gardens. At no time during the incident did appellant leave the Pleasure Palace.

ASSIGNMENT OF ERROR NO. 1

By this assignment of error, appellant contends the trial court erroneously forced defense counsel to exercise two peremptory challenges by improperly refusing to discharge two prospective jurors for cause. Appellant argues personal factors revealed during voir dire established that the relationship of these two potential jurors to persons in the district attorney's office and law enforcement agencies precluded impartiality and entitled defendant to challenges for cause.

La. C.Cr.P. art. 797(2) and (3) provide:

"The state or the defendant may challenge a juror for cause on the ground that:
* * * * * *
(2) The juror is not impartial, whatever the cause of his partiality. An opinion or impression as to the guilt or innocence of the defendant shall not of itself be sufficient ground of challenge to a juror, if he declares, and the court is satisfied, that he can render an impartial verdict according to the law and the evidence;
(3) The relationship, whether by blood, marriage, employment, friendship, or enmity between the juror and the defendant, the person injured by the offense, the district attorney, or defense counsel, is such that it is reasonable to conclude that it would influence the juror in arriving at a verdict."

The fact that a prospective juror is acquainted with a party named in La. C.Cr.P. art. 797(3) is not in itself grounds for a challenge for cause. The facts must reasonably lead to the conclusion that the relationship would influence the juror in arriving at a verdict. State v. Mills, 505 So.2d 933 (La.App. 2d Cir.1987), writ denied, 508 So.2d 65 (La.1987). A challenge for cause should be granted, even if the juror declares an ability to remain impartial, when the juror's responses reveal facts from which bias, prejudice or impartiality may be reasonably implied. The trial judge is afforded wide discretion in ruling on a challenge for cause and the ruling should not be disturbed absent an abuse of discretion. State v. Brown, 496 So.2d 261 (La.1986); State v. Jones, 474 So.2d 919 (La.1985), cert. denied, 476 U.S. 1178, 106 S.Ct. 2906, 90 L.Ed.2d 992 (1986), rehearing denied, 478 U.S. 1032, 107 S.Ct. 13, 92 L.Ed.2d 768 (1986); State v. Burge, 498 So.2d 196 (La. App. 1st Cir.1986).

During voir dire, Glenda McInnis was questioned concerning her relationship with parties involved in the case. This juror stated that although she "knew of" the prosecutors trying the case, she had no social or professional relationship with them. She stated that an assistant district attorney not involved in the prosecution, had been her family attorney for several years. The juror acknowledged that her husband was once an auxillary police officer and that she attended social functions with a narcotics officer who was to testify in the instant case. Finally, the juror reported a close personal friendship with the Vernon Parish sheriff. Despite these relationships, the juror expressed an ability to follow the law and accepted the principle that proof of guilt beyond a reasonable doubt was the State's burden of proof. Finally, the juror stated her husband's former *674 position and her social relationship with the Sheriff would not affect her impartiality and would not influence her to give greater credibility to the testimony of police officers. Considering these responses, the trial court did not abuse its discretion in denying the defense's challenge for cause of Mrs. McInnis. See State v. Carthan, 377 So.2d 308 (La.1979) and State v. Smith, 466 So.2d 1343 (La.App. 3rd Cir. 1985).

Coleman James, a potential juror, stated that one of the assistant district attorneys prosecuting the case had handled a legal matter for him some five years previously. The juror also stated that he, Lt. Gaskin of the Louisiana State Police, a potential witness (who, as it turns out, did not testify), and the Vernon Parish District Attorney were members of the same fraternal organization, but were members of different "lodges". He further stated that he knew the sheriff socially. Defendant's challenge of this prospective juror for cause was denied.

The juror expressed an ability to be impartial and to follow the law as given by the trial judge. The juror said his decision would not be based on sympathy, bias or prejudice.

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Cite This Page — Counsel Stack

Bluebook (online)
536 So. 2d 671, 1988 WL 133750, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rexrode-lactapp-1988.