State v. Reyes

726 So. 2d 84, 1999 WL 869
CourtLouisiana Court of Appeal
DecidedDecember 29, 1998
Docket98-KA-424
StatusPublished
Cited by14 cases

This text of 726 So. 2d 84 (State v. Reyes) 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. Reyes, 726 So. 2d 84, 1999 WL 869 (La. Ct. App. 1998).

Opinion

726 So.2d 84 (1998)

STATE of Louisiana
v.
Francisco REYES.

No. 98-KA-424

Court of Appeal of Louisiana, Fifth Circuit.

December 29, 1998.

*86 Paul D. Connick, District Attorney, Terry M. Boudreaux, Ellen S. Fantaci, Gregory M. Kennedy, Michael S. Futrell, Assistant Dist. Attys., Gretna, LA, for Plaintiff-Appellee.

Katherine M. Franks, Louisiana Appellate Project, Baton Rouge, LA, For Defendant-Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, Jr., SOL GOTHARD and THOMAS F. DALEY.

DUFRESNE, Judge.

The Jefferson Parish District Attorney filed a five count bill of information charging the defendant, Francisco Reyes, with conspiracy to distribute cocaine, LSA-R.S. 40:979:967A; distribution of cocaine, LSA-R.S. 40:967A; possession with the intent to distribute cocaine, LSA-R.S. 40:967A; possession of cocaine over 400 grams, LSA-R.S. 40:967F; and illegal carrying of a weapon while in possession of a controlled dangerous substance, LSA-R.S. 14:95E. The matter thereafter proceeded to trial on two of the five counts, specifically distribution of cocaine and possession of cocaine over 400 grams. At the conclusion of the trial, the jury found the defendant guilty of attempted distribution of cocaine and possession of over 400 grams of cocaine. The defendant subsequently filed a motion for new trial, or alternatively for deviation from the prescribed sentence. Following the denial of this motion, the trial court sentenced defendant to two and one half (2½) years at hard labor on the attempted distribution of cocaine conviction, and thirty (30) years at hard labor on the possession of cocaine conviction, without benefit of parole, probation or suspension of *87 sentence. The court ordered the sentences to be served concurrently and also afforded the defendant credit for time served. It is from these convictions and sentences that the defendant now appeals.

FACTS

On January 13, 1995, the Jefferson Parish Sheriff's Office and the Drug Enforcement Agency began an investigation into drug activity based on information supplied by a confidential informant regarding large amounts of cocaine being sold in Jefferson Parish. As a result of the joint investigation, five men, Sean Arcement, Sammy DeSalvo, Jose Barquero, Albert Suero, and the defendant, Francisco Reyes, were arrested.

The investigation began after a confidential informant told DEA Special Agent Dan Holmes that Sean Arcement was selling quarter kilos of cocaine in Jefferson Parish. According to the investigators, in order to establish the operation, an undercover agent approached Sean Arcement about buying a quarter kilo of cocaine. Sean Arcement agreed to the sale and contacted Sammy DeSalvo about purchasing the cocaine to sell to the agent.

DeSalvo testified that he contacted Jose Barquero to see if Barquero had access to cocaine. DeSalvo testified at trial that the agreement was that Barquero would deliver the drugs to DeSalvo and later Arcement would give DeSalvo the money to pay for the drugs. Barquero testified that he spoke to Albert Suero about buying drugs. Suero told Barquero he was aware that the defendant was a possible source for drugs. Suero and Barquero both testified that, on January 13, 1995, they went to defendant's trailer where the defendant gave the two men a car battery with a hollow compartment which the defendant said contained drugs. After replacing their existing car battery with the altered battery, the two men drove to an auto body shop run by Sammy DeSalvo to drop off the cocaine. Barquero and Suero both testified that no money changed hands at this point but that they were to return later with money from DeSalvo.

Immediately after the drugs were dropped off at DeSalvo's shop, DeSalvo contacted Sean Arcement. Arcement arrived at DeSalvo's shop and picked up the majority of the cocaine leaving about an ounce of cocaine at the shop. After he picked up the drugs from DeSalvo's shop, Sean Arcement was arrested. At the time of his arrest, Sean Arcement possessed nine ounces of cocaine (approximately a quarter of a kilo) as well as other drug paraphernalia. After his arrest, Arcement told the police he had obtained the cocaine from DeSalvo, and he agreed to cooperate with the police in their investigation.

While cooperating with the police, Arcement called Sammy DeSalvo to set up a meeting under the guise of paying for the cocaine. When DeSalvo arrived at the meeting place, the police arrested him for distribution of cocaine. After his arrest, DeSalvo also agreed to cooperate with the police in their investigation. DeSalvo consented to a search of his auto body shop and told the police about the cocaine which was hidden in a toolbox.

While the police were present at DeSalvo's body shop, Barquero and Suero telephoned DeSalvo. One of the police officers answered the telephone call and told the two men to come to the body shop. When Barquero and Suero arrived, they were also arrested. After his arrest, Barquero agreed to cooperate with the police. That same night, Barquero pointed out the defendant's trailer to the investigating officers as the place where he had obtained the cocaine earlier that day. After Barquero identified defendant's trailer, the police knocked on the door of the trailer and attempted to speak with the defendant. However, because it appeared that the defendant did not speak English, the agents waited for an agent who spoke Spanish to arrive at the scene. DEA Special Agent Frank Garza testified that after he arrived at the defendant's trailer he translated the consent to search form for the defendant into Spanish. Agent Garza further testified that defendant stated that he understood the document, and that defendant signed the form and gave consent for the officers to search his trailer.

During a search of the trailer, police recovered a .45 caliber pistol, a magazine loaded *88 with seven live .45 rounds, a bag with three live nine-millimeter bullets as well as approximately one kilo of cocaine, numerous rubber bands, a scale, and brown wrapping tape. After the contraband was found, defendant was arrested.

At trial, defendant testified on his own behalf that he had never seen the altered battery before and that he did not know how the cocaine got into the back room of his trailer. He further testified that on January 13, 1995, Barquero asked to go into defendant's trailer to use the bathroom after he saw a police car on the street in front of defendant's trailer park.

Based on the foregoing testimony, the jury found that defendant was guilty of attempted distribution of cocaine and possession of over 400 grams of cocaine.

SUFFICIENCY OF EVIDENCE

In his first assignment of error, the defendant challenges the sufficiency of the evidence used to convict him. He argues that the evidence in this case is so inconsistent and incredible that no rational jury would have returned a guilty verdict against him for either offense.

The constitutional standard for testing the sufficiency of the evidence, as enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), requires that a conviction be based on proof sufficient for any rational trier of fact, viewing the evidence in the light most favorable to the prosecution, to find the essential elements of the crime beyond a reasonable doubt. State v. Rosiere, 488 So.2d 965 (La. 1986). When circumstantial evidence is used to prove the commission of the offense, LSA-R.S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Cox
131 So. 3d 357 (Louisiana Court of Appeal, 2013)
State v. Robinson
896 So. 2d 1115 (Louisiana Court of Appeal, 2005)
State v. McClain
877 So. 2d 1135 (Louisiana Court of Appeal, 2004)
State v. Walker
853 So. 2d 61 (Louisiana Court of Appeal, 2003)
State v. Watson
844 So. 2d 198 (Louisiana Court of Appeal, 2003)
State v. Bush
822 So. 2d 859 (Louisiana Court of Appeal, 2002)
State v. Williams
802 So. 2d 909 (Louisiana Court of Appeal, 2001)
State v. Flagg
792 So. 2d 133 (Louisiana Court of Appeal, 2001)
State v. Shaw
785 So. 2d 34 (Louisiana Court of Appeal, 2001)
State v. Schieffler
812 So. 2d 7 (Louisiana Court of Appeal, 2001)
State v. Villarreal
759 So. 2d 126 (Louisiana Court of Appeal, 2000)
State v. Wilson
742 So. 2d 957 (Louisiana Court of Appeal, 1999)
State v. Alexander
734 So. 2d 43 (Louisiana Court of Appeal, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
726 So. 2d 84, 1999 WL 869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-reyes-lactapp-1998.