State v. Smart

Louisiana Court of Appeal

State v. Smart

537 So. 2d 250, 1988 La. App. LEXIS 2663, 1988 WL 132063

CourtLouisiana Court of Appeal

DecidedDecember 13, 1988

DocketNo. 88-KA-1869

StatusPublished

This text of 537 So. 2d 250 (State v. Smart) 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. Smart, 537 So. 2d 250, 1988 La. App. LEXIS 2663, 1988 WL 132063 (La. Ct. App. 1988).

Pincite

Opinion

CIACCIO, Judge.

Defendant Nathaniel Smart was charged and convicted of possession of phencycli-dine. La.R.S. 40:966. He was sentenced to serve five years at hard labor. He appeals his conviction and sentence and asks that we review the record for errors patent on its face.

The facts are as follows:

On July 13, 1987, at approximately 1:15 a.m., Officers Jerome Mosley and Bernard Butler were on routine patrol in a marked police car near the Fisher Housing Project. The officers saw the defendant standing with another man in a courtyard to the project. The defendant threw a clear plastic bag onto the ground when he saw the police car approach. The other man fled. Officer Butler retrieved the plastic bag as Officer Mosley detained the defendant. The bag contained eleven (11) hand rolled cigarettes which the officers believed were marijuana laced with phencyclidine (POP). Tests conducted by criminalist, John Palm confirmed this analysis.

The defendant testified and denied possessing or discarding the plastic bag. Mr. Smart claims he was walking home from work when he was stopped and arrested by the officers.

We have reviewed the record for errors patent and there are none. Accordingly, we affirm the defendant’s conviction and sentence.

AFFIRMED.

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CIACCIO, Judge.

Defendant Nathaniel Smart was charged and convicted of possession of phencycli-dine. La.R.S. 40:966. He was sentenced to serve five years at hard labor. He appeals his conviction and sentence and asks that we review the record for errors patent on its face.

The facts are as follows:

On July 13, 1987, at approximately 1:15 a.m., Officers Jerome Mosley and Bernard Butler were on routine patrol in a marked police car near the Fisher Housing Project. The officers saw the defendant standing with another man in a courtyard to the project. The defendant threw a clear plastic bag onto the ground when he saw the police car approach. The other man fled. Officer Butler retrieved the plastic bag as Officer Mosley detained the defendant. The bag contained eleven (11) hand rolled cigarettes which the officers believed were marijuana laced with phencyclidine (POP). Tests conducted by criminalist, John Palm confirmed this analysis.

The defendant testified and denied possessing or discarding the plastic bag. Mr. Smart claims he was walking home from work when he was stopped and arrested by the officers.

We have reviewed the record for errors patent and there are none. Accordingly, we affirm the defendant’s conviction and sentence.

AFFIRMED.

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Bluebook (online)

537 So. 2d 250, 1988 La. App. LEXIS 2663, 1988 WL 132063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-smart-lactapp-1988.