State v. Slocum

791 So. 2d 143, 1 La.App. 5 Cir. 207, 2001 La. App. LEXIS 1712
CourtLouisiana Court of Appeal
DecidedJune 27, 2001
DocketNo. 01-KA-207
StatusPublished
Cited by1 cases

This text of 791 So. 2d 143 (State v. Slocum) 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. Slocum, 791 So. 2d 143, 1 La.App. 5 Cir. 207, 2001 La. App. LEXIS 1712 (La. Ct. App. 2001).

Opinion

DALEY, Judge.

Defendant Velma B. Slocum appeals her conviction of distribution of cocaine, a violation of LSA-R.S. 40:967(A). On appeal, Ms. Slocum argues that the conviction was based upon insufficient evidence, and also assigns any errors patent. After thorough consideration of the record, we affirm the conviction and sentence.

STATEMENT OF THE CASE

The defendant, Velma B. Slocum, was charged in a Bill of Information filed December 13, 1999, with committing one count of distribution of cocaine, a violation of LSA-R.S. 40:967(A).1 Defendant was arraigned on the charge on February 18, 2000, and pled not guilty.

On May 10, 2000, the court heard testimony on a Motion to Suppress Identification, which was denied. Trial was held following the hearing on the motion, Land a jury of twelve returned a verdict of guilty as charged. On May 18, 2000, the judge sentenced the defendant to five years at hard labor, said sentence to be served without benefit of parole, probation, or suspension of sentence. Defendant was given credit for time served, and was notified of the time limits in which to seek post conviction relief, as per LSA-C.Cr.P. art. 930.8.

On the same day, May 18, 2000, defendant filed a Motion for New Trial, which was denied the same day, and also filed a Motion to Reconsider Sentence, which was also denied the same day as moot, on the grounds that the court gave the defendant the minimum sentence allowed for a violation of LSA-R.S. 40:967(A).

On May 18, 2000, defendant filed a Motion for Appeal, which was granted.

FACTS

On November 5, 1999, Agent Richard Valley with the Narcotics Division of the Jefferson Parish Sheriffs Office received information that illegal drug activity was occurring in the 600 block of Nell Place in Gretna. In response to this information, he and another agent, Gary Brown, set up an undercover purchase operation. Agent Brown proceeded undercover to Nell Place in an automobile equipped with video camera and an audio microphone. Agent Valley and other members of the Narcotics Division waited a few blocks away, out of sight, but able to hear the audio in the car. Agent Brown testified that as he was driving on Fredericks Street, near Nell Place, a female pedestrian approached him, who was later identified as the defendant. He testified that she asked him what he wanted, whereupon he told her that he wanted a “twenty,” or street slang for a rock of crack cocaine. Agent Brown testified that the defendant told him to go to Nell Place. He did so, but did not make contact with anyone. As he was driving out of the area, Ldefendant flagged him down. She was accompanied by a black male, later identified as Brent Wilson. According to Agent Brown, both Slocum and Wilson approached his car on the passenger side. Wilson asked Brown what he wanted; Brown said a “twenty.” Wilson replied that he had it right there, but for Agent Brown to “make the block” because the bag the rock was in was tied tight. According to Agent Brown’s testimony, Slocum said she would watch for him while he got it out of the bag, which is what oc[145]*145curred. Agent Brown then purchased the “twenty” rock with currency that had been marked for identification by the sheriffs office. Agent Brown testified that it appeared to him that Slocum and Wilson were acting as a team, and that she was acting as the lookout while the transaction took place, because of the conversation between them.

Agent Brown also testified that he had seen Slocum in the neighborhood before this incident, and that on a previous occasion she had advised him not to buy from another individual because his crack was no good.

Agent Brown identified State’s Exhibit 1, the rock-like object he had purchased from Wilson. Officer Valley’s signature appeared on the Exhibit, as did the report number and the date. Agent Brown testified that Officer Valley was the investigating officer and was his cover that day.

Following the transaction, Agent Brown testified that he met Officer Valley in a prearranged location, where he gave Officer Valley the rock and also gave a physical description of defendant Slocum and Wilson. He reported back to his office, where he removed the videotape from the vehicle and viewed it for operational quality. He then turned the tape over to his supervisor. State’s Exhibit 2 was identified as the videotape, and was played for the jury.

I ¿Several days after the controlled purchase, on November 10, 1999, Officer Valley presented Agent Brown with a photographic lineup containing six pictures of black females. Agent Brown identified Velma B. Slocum, the defendant, on that lineup.

Detective Richard Valley testified that he was employed by the Narcotics Division of the Jefferson Parish Sheriffs Office. He arranged for Agent Gary Brown to conduct an undercover purchase of cocaine in the 600 block of Nell in Gretna. He instructed Brown to make contact with some of the lower level street dealers in order to purchase crack cocaine. During the buy that Agent Brown made from Wilson and Slocum, Detective Valley maintained contact with Brown via the radio systems and could hear the audio of the transaction. As soon as the transaction was concluded, he and Brown met at a prearranged location, where Agent Brown turned over the crack cocaine and other evidence to Detective Valley. He testified that he conducted a field chemical test on the rock, which identified it as cocaine, and placed the rock into a clear plastic bag and put evidence tags on it. Detective Valley identified State’s Exhibit 1, the rock of crack cocaine. He stated that the bag with the cocaine in it was placed into an evidence locker, as per usual sheriffs office procedure. From there, a member of the sheriffs office brought it to the Crime Lab for analysis, after which the Crime Lab retained physical custody of the evidence.

After receiving the evidence and description of the defendant and Wilson from Agent Brown, Detective Valley testified that he and two other members of the team went to Nell Place, where they located and identified the defendant, Velma Slocum. They interviewed her and took a photograph of her. Because Slocum did not have identification on her person when the officers requested it, Det. Valley testified that the officers accompanied her to her apartment at her invitation to view her 1 (¡identification, and then left the area. Detective Valley testified that he returned to the office to write the initial police report and request warrants for the suspects’ arrest, which were issued.

Detective Valley constructed the photographic lineup. He presented it to Agent [146]*146Brown on November 10, 1999, at which time Brown positively identified Velma Slocum as the female involved in the transaction.

Defense counsel questioned Detective Valley about some mistakes in his reports. Detective Valley admitted that it was a mistake that the report referred to “two” rocks that were purchases, when Agent Brown said only one was purchased, and only one rock was logged in as evidence. Detective Valley testified that in fact, he received only one rock of crack cocaine from Agent Brown. The report also mistakenly identified “Terry Burns” as the black female with Brent Wilson. Detective Valley said that the female was in fact Velma Slocum. The report also stated the “60” block of Nell Place when it should have read “600” block of Nell Place, but he testified that this was corrected in a supplemental report.

Daniel Waguespaek testified for the State.

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Related

State v. Jackson
846 So. 2d 160 (Louisiana Court of Appeal, 2003)

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Bluebook (online)
791 So. 2d 143, 1 La.App. 5 Cir. 207, 2001 La. App. LEXIS 1712, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-slocum-lactapp-2001.