State v. Richardson

142 So. 3d 314, 13 La.App. 5 Cir. 886, 2014 La. App. LEXIS 1397, 2014 WL 2210480
Louisiana Court of Appeal·Decided May 28, 2014·No. No. 13-KA-886·Published·Cited by 4 cases

Opinion

STEPHEN J. WINDHORST, Judge.

[¡¡Defendant was convicted of one count of possession with intent to distribute heroin in violation of La. R.S. 40:966A and one count of possession without a prescription of a legend drug, Tramadol, in violation of La. R.S. 40:1238.1. He was sentenced to 50 years at hard labor, the first five years without benefit of probation or suspension of sentence, on Count one and five years at hard labor on Count two, to be served concurrently. After adjudication as a second felony offender, his sentence on Count one was vacated and he was resentenced to fifty years at hard labor without benefit of probation or suspension of sentence, concurrent with his original five year sentence on Count two. In this appeal, defendant’s counsel assigns as error the trial court’s denial of his motion to suppress evidence and the trial court’s grant of the State’s motion to introduce other crimes evidence. In addition, defendant has filed a pro se brief in which he argues that the evidence was insufficient to support his conviction and that his trial counsel was ineffective. For the reasons that follow, we affirm defendant’s convictions and sentences.

I ¿FACTS

Detective Curt Johnson, of the Plaque-mines Parish Sheriffs Office, testified that he was assigned to the Westbank Major Crimes Taskforce at the time of the instant offense. Detective Johnson testified that on April 18, 2012, he was investigating defendant for possible drug violations.1 Pursuant to his investigation, Detective Johnson obtained a search warrant for defendant’s Infiniti SUV and his house located at 2108 Mesa Via Drive in Harvey. Detective Johnson executed the search warrants with Detective Ashton Gibbs, Sergeant Scott Zemlik, Detective David Biondolillo, and Detective Steve Arnold. Upon entering the house, defendant and his girlfriend, Ashley Ortiz, were found in an upstairs bedroom of the house. Defendant and Ms. Ortiz were detained and read their Miranda2 rights while a search of the house was performed. Inside a coffee mug in the kitchen cabinet, the officers found a clear plastic bag containing approximately 2.7 grams of a light brown powdery substance, which field tested posi[319] tive for heroin.3 They also found a container of Inositol powder used to “cut down narcotics to make it more abundant, so it’s more profitable.” In the entertainment room of the house, Detective Johnson seized a metal grinder and digital scale.4 Detective Johnson determined this evidence to be of value in the weighing and repackaging of narcotics for sale. In a shed located in the backyard of the house, the officers recovered paraphernalia associated with narcotics use, including a used syringe, a paper towel, and a charred spoon. Further, upon searching defendant’s SUV,5 ^Detective Johnson seized a prescription pill bottle for Hydrocodone in defendant’s name, however, upon further inspection, the contents were later verified to be Tramadol, a controlled dangerous substance.6 After seizing this evidence, Detective Johnson spoke to defendant who explained that his brother had recently passed away, and that he took the heroin, which he referenced as rat poison, from his brother’s house and was selling it to supplement his income.7

Knowing defendant to have “handled a lot more narcotics,” Detective Johnson testified that he did not believe they were able to locate his “main supply” during the search of defendant’s house. As part of the continuing investigation, Detective Johnson began monitoring defendant’s jail phone conversations beginning from the time defendant was arrested on April 18, 2012, until May 1, 2012.8 During that time defendant, also known by the nickname “Dukey,” made several phone calls to a person nicknamed “Veedoe,” later identified as Joseph Williams. Detective Johnson testified that on May 1, 2012, defendant called Williams and instructed him to “get a shovel to go pick up the dog sh* * ” from his backyard. On the phone, defendant is heard telling Williams that “it is a foot before you get to the banana tree and a foot before the gate ... on the same side as the banana tree ... they’ve got two of them down there ... you got both of them? ... the ones with the rice? ... one of them should be down there good.... ” Williams replied that he found both of them, and then stated there is “nothing but sh* * around the yard.” Believing the code words used by defendant were in reference to narcotics buried in defendant’s backyard, Detective Johnson sent Sergeant Scott Zemlik back to defendant’s residence to corroborate this | ^information. Next to a fence in the backyard, Sergeant Zemlik observed two freshly dug holes underneath the banana tree.9 Detective [320] Johnson further stated that when they originally executed the search warrant, he did not observe any freshly dug holes, or patches of dirt, underneath the tree.

On the same day, Williams’ vehicle was located at the La Quinta Inn in Metairie. Once it was discovered that Williams had checked into the La Quinta Inn, a search warrant for Williams’ room was obtained. Present inside the motel room were Williams and Tammy Pattan. Detective Johnson testified that when they entered the motel room, Williams stated “You got me, the drugs are in the drawer.” Upon executing the search warrant, a mason jar containing “two clear plastic bags of compressed brown powder, with rice inside of it,” was recovered.10 Williams’ cell phone was also recovered in the room. A review of the cell phone’s call log revealed a match to the number defendant called from the jail. Marcelle Folse, an expert in the field of forensic drug analysis and identification, testified that she analyzed the two bags containing the tan powder found in the La Quinta motel room. The net weight of the contents of both bags was 115 grams. The contents of the bags tested positive for heroin.

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State v. Richardson, 142 So. 3d 314, 13 La.App. 5 Cir. 886, 2014 La. App. LEXIS 1397, 2014 WL 2210480 (La. Ct. App. 2014).

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