State v. Segura

829 So. 2d 587, 2002 WL 31162775
CourtLouisiana Court of Appeal
DecidedSeptember 30, 2002
Docket02-KA-280
StatusPublished
Cited by7 cases

This text of 829 So. 2d 587 (State v. Segura) 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. Segura, 829 So. 2d 587, 2002 WL 31162775 (La. Ct. App. 2002).

Opinion

829 So.2d 587 (2002)

STATE of Louisiana
v.
Jimmy SEGURA.

No. 02-KA-280.

Court of Appeal of Louisiana, Fifth Circuit.

September 30, 2002.

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Churita H. Hansell, Gregory M. Kennedy, Assistant District *588 Attorneys, Gretna, LA, Attorneys for Plaintiff/Appellee.

James A. Williams, Gretna, LA, Attorney for Defendant/Appellant.

Panel composed of Judges SOL GOTHARD, JAMES L. CANNELLA and THOMAS F. DALEY.

SOL GOTHARD, Judge.

Defendant, Jimmy Segura, appeals his conviction and sentence for attempted possession of cocaine. For reasons that follow, we affirm.

The Jefferson Parish District Attorney filed a bill of information charging the defendant, Jimmy Segura, along with codefendant, Gregory Jones, with possession of cocaine with intent to distribute in violation of LSA-R.S. 40:967(A).[1] The defendant pled not guilty at arraignment. On January 9, 2001, the defendant waived his right to a jury trial and proceeded to a bench trial, after which the trial judge found defendant guilty of the responsive verdict of attempted possession of cocaine.

On February 1, 2001, the trial judge denied defendant's motion for new trial, and sentenced the defendant to serve one year at hard labor. On that same day, the State filed a bill of information accusing defendant of being a third felony offender based on two prior convictions of possession of cocaine. After being advised of his rights as a multiple offender, the defendant stipulated to the allegations therein. The trial judge vacated the previous sentence and imposed an enhanced sentence of fifteen months at hard labor. This timely appeal followed.

FACTS

On August 20, 1999, around midnight, Deputies John Doyle and Kevin Guillot of the Jefferson Parish Sheriff's Office set up surveillance across from the intersection of Tudor and Jefferson Highway. Deputy Doyle testified at trial that the officers had received information that a black male named "Jimmy" would be driving a red Grand Am, and would be arriving at that location within thirty minutes to deliver crack cocaine. According to the officers' information, this person was "transporting narcotics from New Orleans to Jefferson Parish."

As predicted, a black male driving a red car arrived within thirty minutes and stopped at a house nearby. When the officers observed the car leave the house, they followed it as it traveled down Jefferson Highway.[2] At the intersection of Pear and Little Farms Road, the driver ran a stop sign. Deputy Doyle testified that when he activated the lights and siren on his police car, the other car sped away. While the vehicle was fleeing, the officers observed the front seat passenger throwing small, rock-like objects out of the passenger's side window. According to Deputy Doyle, it appeared as though a bag was being emptied. The car was ultimately stopped with the assistance of Deputy DeSalvo, who was driving another police unit that blocked the car's path.

When Deputies Doyle and Guillot approached the vehicle, they saw Gregory Jones, the front seat passenger, attempting *589 to "conceal more contraband" in the air-conditioner vent. Defendant was in the driver's seat and Kevin Cross was seated in the back seat. The deputies ordered all three men out of the car. Both the defendant and Jones were arrested, but Cross was released. Deputy Doyle explained that he did not arrest Cross because the deputy had no information about Cross, and did not observe Cross in possession of contraband. Approximately $700.00 in cash was seized from Jones. But, Deputy Doyle testified that he did not find any cocaine on the defendant, and could not recall whether any money was seized from defendant.

Both Deputies Doyle and Guillot acknowledged that the officers searched the area where they believed the passenger had thrown objects from the vehicle, but did not find them. Deputy Guillot testified that he retrieved the objects that Jones had stuffed into the vent, and Deputy Doyle identified the retrieved substance as State's Exhibit One at trial. According to the State's expert forensic scientist, State's Exhibit One was a plastic bag containing several off-white rocks that tested positive for the presence of cocaine and weighed 1.5 grams.

Kevin Cross testified on behalf of the defense. According to Cross, he had never before met defendant. He had first encountered Gregory Jones at a gas station a few days before this incident. Cross said that Jones admired the tint on his car's windows as they both pumped gas. Cross told Jones that he tinted windows for a living, and he gave Jones his telephone number. According to Cross, Jones called him on the night of the incident, and Cross asked Jones to pick him up because his car was broken. Jones and defendant arrived at Cross' home on Tudor, and Cross walked out to meet them. Cross denied that there was any discussion about drugs, and further said that he did not see defendant in possession of any drugs. Cross acknowledged that defendant did not come to a complete stop at the stop sign, but denied that defendant attempted to elude the police. Cross said that he did not see Jones throw anything from the passenger's side window. According to Cross, the police thoroughly searched the vehicle, but did not find any drugs. Cross admitted that he was presently incarcerated for possession of stolen property and simple burglary.

On cross-examination, Kevin Cross said that he had gone to school with Deputies Doyle and Guillot, but denied suppling information to Deputies Doyle or Guillot regarding this case.

ASSIGNMENT OF ERROR

In brief to this court, defendant assigns one error for our review. The defendant contends that there is insufficient evidence to support his conviction of attempted possession of cocaine because the State did not establish his specific intent to possess the cocaine. The State responds that the evidence is sufficient to support the defendant's conviction because defendant had dominion and control over the drugs by having access to the area where the drugs were found.

The appropriate standard for determining the sufficiency of the evidence was established in Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979). According to Jackson, the reviewing court must decide, after viewing the evidence in the light most favorable to the prosecution, whether any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. See also, State v. Juluke, 98-0341 (La.1/8/99), 725 So.2d 1291, 1293.

When circumstantial evidence is used to prove the commission of the offense, LSA-R.S. 15:438 provides that "assuming every *590 fact to be proved that the [circumstantial] evidence tends to prove, in order to convict, it must exclude every reasonable hypothesis of innocence." This is not a separate test from the Jackson standard, but rather provides a helpful basis for determining the existence of reasonable doubt. Ultimately, all evidence, both direct and circumstantial, must be sufficient to support the conclusion that the defendant is guilty beyond a reasonable doubt. State v. Captville, 448 So.2d 676, 678 (La.1984); State v. Wooten, 99-181 (La.App. 5 Cir. 6/1/99), 738 So.2d 672, 675, writ denied, 99-2057 (La.1/14/00), 753 So.2d 208.

The defendant was convicted of the responsive verdict of attempted possession of cocaine.

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Bluebook (online)
829 So. 2d 587, 2002 WL 31162775, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-segura-lactapp-2002.