State v. Skinner

191 So. 3d 676, 2015 La.App. 4 Cir. 0510, 2016 WL 1660502, 2016 La. App. LEXIS 818
CourtLouisiana Court of Appeal
DecidedApril 27, 2016
DocketNo. 2015-KA-0510
StatusPublished
Cited by2 cases

This text of 191 So. 3d 676 (State v. Skinner) 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. Skinner, 191 So. 3d 676, 2015 La.App. 4 Cir. 0510, 2016 WL 1660502, 2016 La. App. LEXIS 818 (La. Ct. App. 2016).

Opinion

BELSOME, Judge.

|,The defendant/appellant Bradford Skinner appeals his convictions and sentences for possession with the intent to distribute carisoprodol' (La. R.S. 40:969(A)(1)); possession with the intent to distribute hydrocodone (La. R.S. 40:967(C)(2)); and possession with the intent to distribute codeine (La. R.S. 40:967(C)(2)). For the reasons that follow we affirm the convictions and sentences.

Statement of Facts

On May 16, 2012, New Orleans Police Department (“NOPD”) Detective Kurt Eischen was working undercover on Bourbon Street. While undercover, Det. Eis-chen was approached by Kendrick Smith who indicated to the detective that he had marijuana to sell. Shortly after the detective and Mr. Smith discussed a possible transaction, Bradford Skinner, the defendant, walked up to the detective and told, the detective that he had pills to sell. The detective stated that he did not have any money for the purchase and that he had to go to the ATM. Once he was at the ATM, the detective discreetly removed a marked $20 bill from his wallet with which to purchase marijuana from Mr. Smith. Then the detective completed a hand to hand transaction with Mr. Smith. Mr. Skinner and Mr. Smith proceeded to |2walk away and the detective walked in the opposite direction. The detective signaled Sgt. Mark Mumme that the transaction' had been completed, and the two officers followed the suspects and eventually detained them. Det. Eischen then patted down Mr. Skinner and uncovered a large bag containing twenty-one white pills. The suspects were arrested, and the officers took them to the police station. Once at the station Det. Eischen used the internet to identify the pills as carisoprodol. The pills were then transferred to NOPD’s Central Evidence and Property room.

Procedural History

According to the bill of information, both the defendant Bradford Skinner and Kendrick Smith were charged with possession with intent to produce, manufacture, distribute, or dispense carisprodol, La. R.S. 40:969(A)(1).1 Subsequently, the defendant'appeared for arraignment and pled not guilty. He filed mótions to suppress the evidence, statement, and identification. The trial court found probable cause to hold the defendant on a charge of La. R.S. 40:969(A)(1), and on that same day the trial court denied the defendant’s motion to suppress evidence.

Later, the State amended its bill of information to include possession with the intent to distribute hydrocodone (La. R.S. 40:967(0(2)) and possession with the intent to distribute codeine (La. R.S. 40:.967(C)(2)), to which the defendant pled not guilty. In response, the defendant filed motions to suppress which the trial court denied.

IsAfter several continuances a jury trial was held from August 19-20, 2014. The jury returned a verdict of guilty as to possession with the intent to distribute carisoprodol; possession with the intent to [679]*679distribute hydroeodone; and possession with the intent to distribute codeine.

The trial court denied the defendant’s motion for new trial and for post-verdict judgment of acquittal. It then'sentenced the defendant to ten yéars at hard labor for the possession with the intent to distribute carisoprodol, sixteen years at hard labor for the possession with the intent to distribute hydroeodone, and sixteen years at hard labor for the possession with the intent to distribute codeine. The sentences are to run concurrently, and the defendant was 'given credit for time served. The trial court granted the defendant’s motion for appeal.

Assignments of Error

On appeal, the defendant, pro se, and the defendant’s counsel filed briefs. In those briefs the following assignments of error were raised: 1) the trial court erred in finding the evidence sufficient to convict the defendant; 2) the trial court erred in admitting into evidence the bag of. pills and the crime lab report; 3) the trial court erred in denying defendant’s motion to suppress the evidence; 4) the trial court erred in proceeding to trial without a valid arraignment on the amended bill of information; and 5) the trial court erred in denying defendant’s motion to quash the amended, bill of information.2 Sufficiency of the Evidence.

Through counsel and pro se, the defendant argues that the physical evidence analyzed and presented at trial did not match. the description . of .the substances |4seized. . The detective initially characterized the pills as twenty-one round white pills that he' later identified through the internet as carisoprodol. However the lab report .analyzed each of the pills and determined that there were three separate types of dangerous controlled substances present in the bag, carisoprodol, hydroco-done and codeine. Thus the evidence was not reliable and sufficient to support his conviction. ■

At trial Det. Eischen testified that he has worked for the NOPÍD since 2008, and lie was assigned to Bourbon Street in New Orleans as an undercover policeman on May 16, 2012. He explained how he, and whomever he is working with at the time, executed their undercover operation. Det. Eischen testified that on the night in question, Mr. Smith walked past him and offered him marijuana. 'Det.' Eischen called Mr. Smith over to tell him that he was interested but that he did not have any money. Thereafter, the defendant- approached and offered Det. Eischen “pills”. Mr. Smi-⅜ and the defendant were detained. Det. Eischen testified that he patted defendant down, felt, a bag of .pills in his jacket and confiscated the bag of pills. He identified the bag of pills as the State’s exhibit one. He also identified the defendant in the courtroom, He further testified that he identified the pills as cariso-prodol by looking them up online once he returned to the station.

On cross-examination, in an effort to discredit the State’s' exhibit, the defense countered Det. Eischen’s testimony with the gist that he wrote stating that once he returned to the station he counted twenty-one white pills and identified the pills on drugs.com. He was then asked to identify the pills in open court, where it was evident that some pills were broken, and not all of-the phis were the same.

During trial Sgt. Mark Mumme also testified. He stated that he was working with Det. Eischen on Bourbon Street. He said that he was a half of a block away [680]*680lBwhen he saw Mr. Smith and the defen-, dant approach Det. Eischen. He testified that he could not hear the conversation between the parties, but through his experience he knew that Det. Eischen was going to an ATM in the nearby bar to make a purchase. He stated that he did witness an exchange between Det. Eischen and,Mr. Smith, and that he was aware that Det. Eischen retrieved contraband from the defendant after patting him down.

On cross-examination, , Sgt. Mumme claimed that he did not remember whether the defendant was handcuffed or whether the defendant had marked money on him at the time of the arrest. He testified that he did not see the defendant in possession of pills, but remembered counting the pills, and the pills being all the same.

Brian Shultz testified at trial that he is a forensic chemist with the NOPD and had been for five years. He was qualified as an expert in chemical analysis and narcotics testing. His testimony was that he tested the evidence in the instant case. He stated that another analyst, Corey Hall, is the person who retrieved the evidence to be “worked on”, to whom he returned it afterwards.

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Bluebook (online)
191 So. 3d 676, 2015 La.App. 4 Cir. 0510, 2016 WL 1660502, 2016 La. App. LEXIS 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-skinner-lactapp-2016.