State v. Scott

131 So. 3d 501, 2012 La.App. 4 Cir. 1603, 2013 WL 6923729, 2013 La. App. LEXIS 2867
CourtLouisiana Court of Appeal
DecidedDecember 23, 2013
DocketNo. 2012-KA-1603
StatusPublished
Cited by31 cases

This text of 131 So. 3d 501 (State v. Scott) 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. Scott, 131 So. 3d 501, 2012 La.App. 4 Cir. 1603, 2013 WL 6923729, 2013 La. App. LEXIS 2867 (La. Ct. App. 2013).

Opinion

MADELEINE M. LANDRIEU, Judge.

|, Melvin Scott and Darron D. Williams appeal their convictions of and sentences for distribution of heroin. For the reasons that follow, we affirm the convictions and sentences of Mr. Scott and Mr. Williams.

STATEMENT OF THE CASE

On May 18, 2010, Mr. Scott and Mr. Williams were each charged by bill of information with one count of distribution of [503]*503heroin.1 They each pled.not guilty to the charges at their arraignment on May 20, 2010. After a hearing on October 7, 2010, the trial court found probable cause as to both defendants and denied their motions to suppress evidence and identification. A jury trial was conducted, and the defendants were both found guilty as charged.

Both defendants filed motions for new trial. Mr. Williams’ motion was filed on March 1, 2011, and was denied after a hearing. Mr. Scott filed a combined motion for new trial and post judgment verdict of acquittal. His motions |2were considered and denied at the sentencing hearing on May 17, 2012.2 Both defendants waived delays.

Thereafter, the trial court sentenced each defendant to of five years at hard labor. Both defendants pled guilty to a multiple bill of information and waived delays. The trial court then vacated the prior sentences and sentenced each defendant to twenty-five years at hard labor. The trial court denied Mr. Scott’s motion for reconsideration of sentence; it also denied Mr. Williams’ motion to contest the constitutionality of the mandatory minimum sentence as applied.

This appeal follows.

FACTS

New Orleans Police Det. Jason Germann of the Sixth District Narcotics Unit testified that on May 10, 2010, he was conducting surveillance near the intersection of Washington Avenue and LaSalle Street. He observed Mr. Scott loitering in the 2700 block of LaSalle Street between Friendly’s Grocery and a vacant house. The officer stated that he observed four individuals approach Mr. Scott. Each person gave Mr. Scott currency of an indeterminate amount. Mr. Scott then started walking in an uptown direction towards Washington Avenue. Mr. Scott then approached the passenger of a white Chevy Malibu. The passenger gave Mr. Scott currency, and then Mr. Scott walked down the alleyway between Friendly’s Grocery and the vacant house. When Mr. Scott returned from the alley, he walked back to the Chevy Malibu and handed the passenger a silver foil object. Mr. Scott then returned to the four people who had approached him earlier and gave each person a silver foil object. Det. Germann obtained a partial license plate 1 ¡¡number of the Chevy Malibu and contacted his fellow officers to search for the vehicle.

Thereafter, Det. Germann observed the transaction between Mr. Scott and Mr. Williams. Det. Germann stated that he saw Mr. Williams exit a Buick and meet with Mr. Scott. Mr. Williams gave Mr. Scott money, and Mr. Scott reached into his waist and pulled out a small plastic bag with a silver object. Mr. Scott took the silver object out of the bag and gave it to Mr. Williams. Mr. Williams went back to his vehicle and handed the object to the passenger, who was later identified as Dru Lilly. Mr. Williams drove off in a downtown direction. At that point, Det. Ger-mann decided to terminate the surveillance [504]*504and arrest Mr. Scott for distribution of narcotics.

Det. Kyle Hendricks testified that he was in a police vehicle by himself when he received information from Det. Germann about the surveillance and was asked to take down the two vehicles involved. Det. Hendricks was not able to locate the Chevy Malibu, but he did locate the Buick, which was travelling in a downtown direction on LaSalle Street towards Jackson Avenue. Det. Hendricks pulled behind the vehicle and activated his lights and sirens. The driver of the Buick, Mr. Williams, pulled into the parking lot of a grocery store on the corner of Jackson and La-Salle. Sgt. Castellón and Det. Hunter pulled their vehicle in front of the Buick.

As Det. Hunter got out of his vehicle and approached the passenger side of the Buick, he observed that the passenger, Mr. Lilly, was “nervous and wide-eyed.” Det. Hunter saw that Mr. Lilly had a small object in his hand and was reaching down to his right shoe area, as if to conceal the object in his right shoe. Det. Hunter ordered Mr. Lilly out of the vehicle. Once Mr. Lilly stepped out of the |4vehicle, Det. Hunter placed him in handcuffs. Det. Hunter then walked Mr. Lilly over to Det. Hendricks’ vehicle and informed Det. Hendricks that Mr. Lilly had made a movement down to his right shoe with an object.

Det. Hendricks advised Mr. Williams and Mr. Lilly that they were under investigation for narcotics violations. The detective conducted a pat down search of Mr. Lilly and retrieved a silver foil packet from the outer part of his right sock. The foil contained a powder that appeared to be consistent with heroin. After Mr. Williams and Mr. Lilly were arrested, Det. Hendricks relocated them to the 2700 block of LaSalle Street, where he assisted in Mr. Scott’s arrest. No narcotics were found on him, but Mr. Scott was in possession of currency in the amount of two hundred thirteen dollars.

John Palm, Jr., a criminalist with the New Orleans Police Department, was stipulated to be an expert in the identification of controlled dangerous substances. He testified that the powder contained in the foil wrap found on Mr. Lilly had tested positive for heroin.

ERRORS PATENT

A review of the record for errors patent reveals none.

ASSIGNMENTS OF ERROR

On appeal, Mr. Scott raises three assignments of error: that the evidence was insufficient to support his conviction, that the trial court erred in denying his motion for new trial, and that the trial court erred when it considered and denied his motion for new trial without the presence of his counsel. Mr. Williams also raises three assignments of error: that the evidence was insufficient to support his conviction, that the trial court erred in denying his motion for new trial, and that |fithe trial court erred in limiting defense counsel’s cross-examination of Det. Germann at trial. We discuss each defendant’s assignments of error separately.

I. Mr. Scott’s Assignments Of Error

A. Sufficiency of the Evidence

Mr. Scott argues that the State failed to produce sufficient evidence, beyond a reasonable doubt, to support his conviction for distribution of heroin. In his argument, Mr. Scott suggests that Det. Germann’s testimony was not credible because it was not believable that the officer could have conducted surveillance in broad daylight without being noticed.

When issues are raised on appeal as to the sufficiency of the evidence and as to one or more trial errors, the reviewing [505]*505court should first determine the sufficiency of the evidence. State v. Hearold, 603 So.2d 731, 734 (La.1992); State v. Marcantel, 2000-1629, p. 8 (La.4/3/02), 815 So.2d 50, 55.

When reviewing the sufficiency of the evidence to support a conviction, Louisiana appellate courts are controlled by the standard enunciated in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

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Bluebook (online)
131 So. 3d 501, 2012 La.App. 4 Cir. 1603, 2013 WL 6923729, 2013 La. App. LEXIS 2867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-scott-lactapp-2013.