State v. Staggers

860 So. 2d 174, 2003 WL 22438958
CourtLouisiana Court of Appeal
DecidedOctober 28, 2003
Docket03-KA-655
StatusPublished
Cited by7 cases

This text of 860 So. 2d 174 (State v. Staggers) 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. Staggers, 860 So. 2d 174, 2003 WL 22438958 (La. Ct. App. 2003).

Opinion

860 So.2d 174 (2003)

STATE of Louisiana
v.
Anthony STAGGERS.

No. 03-KA-655.

Court of Appeal of Louisiana, Fifth Circuit.

October 28, 2003.

*175 John M. Crum, District Attorney, Rodney A. Brignac, Assistant District Attorney, Laplace, LA, for Plaintiff-Appellee.

Prentice L. White, Louisiana Appellate Project, Baton Rouge, LA, for Defendant-Appellant.

Panel composed of Judges EDWARD A. DUFRESNE, JR., THOMAS F. DALEY and WALTER J. ROTHSCHILD.

EDWARD A. DUFRESNE, JR., Chief Judge.

On January 14, 1998, the grand jury for St. John the Baptist Parish returned an indictment charging defendant, Anthony Staggers, with six counts of distribution of cocaine in violation of LSA-R.S. 40:967(A). At the arraignment, defendant pled not guilty. Thereafter, the state amended the indictment to allege defendant was a principal to the distribution of cocaine on counts one, two, four, five and six. Count three of the original indictment was not amended. Defendant was rearraigned on the amended charges and again pled not guilty. The matter proceeded to trial on December 8, 1999. After considering the evidence presented, the twelve-person jury found him guilty as charged on counts one, two, four, five and six and not guilty on count three.

The state subsequently filed a multiple offender bill of information on December *176 14, 1999, on each of the five counts, alleging defendant to be a second felony offender based on a 1992 conviction for distribution of cocaine. Defendant filed an objection to the multiple bill challenging the validity of the predicate plea. The objection was argued on November 15, 2000, at which time defendant admitted to his identity as being the same person who committed the predicate offense but maintained the Boykin was defective. The trial court took the matter under advisement and subsequently denied defendant's objection to the multiple bill on November 27, 2000.

On December 13, 2000, the trial judge sentenced defendant as a second felony offender to fifteen years to run concurrently on each of the five counts. Defendant now appeals.

FACTS

In November and December 1997, Agent Kelly Gonzales worked undercover with informant, Carol Ougel, in a narcotics investigation of Alice Bailey and defendant. Agent Gonzales conducted five drug transactions with Bailey during which she purchased crack cocaine from Bailey in $40 and $50 amounts. The drug transactions were recorded with audio and video equipment in Agent Gonzales' vehicle.

The first drug buy was November 14, 1997. Agent Gonzales, accompanied by Ougel, approached Bailey and gave her $50 for the purchase of crack cocaine. Bailey was unable to provide the cocaine immediately so Agent Gonzales parked the car and waited. Agent Gonzales and Ougel saw a red Suzuki pull into Bailey's driveway driven by a black male, later identified as defendant. Ougel testified she saw a drug transaction between Bailey and defendant after which defendant left the premises. Bailey then brought three rocks of crack cocaine to Agent Gonzales.

The second drug buy occurred on November 25, 1997. Agent Gonzales and Ougel again went to Bailey's residence. Agent Gonzales gave Bailey $40 for cocaine. Bailey did not have the cocaine and had to make a phone call to "Big Man," which was an alias for defendant. Agent Gonzales parked her car by the neighbor's house to wait. Thereafter, defendant arrived at Bailey's home in a maroon Grand Prix. Ougel again saw a hand-to-hand transaction between Bailey and defendant. Defendant left the property after which Bailey gave Agent Gonzales the cocaine.

The third transaction occurred on November 26, 1997, and was similar to the first two. Agent Gonzales and Ougel arrived at Bailey's residence to purchase cocaine. Agent Gonzales gave Bailey $40 for the cocaine and then rode around the block. She saw a maroon vehicle driven by defendant approach Bailey's residence and then leave. Agent Gonzales subsequently went to Bailey's residence at which time she received the cocaine.

The fourth and fifth drug buys were conducted solely by Agent Gonzales without Ougel. The fourth transaction was made on December 10, 1997. Agent Gonzales gave Bailey $50 for cocaine and then left the area entirely for approximately 20 minutes. She returned to Bailey's residence and picked up three rocks of crack cocaine. Sergeant Troy Hidalgo was monitoring the transaction and stayed in the area after Agent Gonzales left. Between the time Agent Gonzales left the area and returned, Sergeant Hidalgo observed a maroon Grand Prix driven by defendant pull into Bailey's driveway. He further saw Bailey run out to defendant's car and purchase cocaine.

The fifth drug buy was made on December 17, 1997. Agent Gonzales gave *177 Bailey $40 for cocaine and left the area. Upon her return, Agent Gonzales received cocaine from Bailey. On this fifth transaction, separate surveillance was set up on Bailey's residence and defendant's residence. Shortly after Agent Gonzales initially arrived at Bailey's residence, defendant was seen leaving his residence. Defendant was then seen arriving at and departing from Bailey's residence. Sergeant Hidalgo testified that Agent Gonzales purchased the cocaine from Bailey after defendant had left the area.

Bailey testified as an unwilling witness at trial. She stated she was involved in several drug transactions with Agent Gonzales. She explained that she called defendant each time to bring her the cocaine and defendant complied.

ASSIGNMENT OF ERROR NUMBER ONE

In his first assigned error, defendant challenges the sufficiency of the evidence used to convict him of five counts of distribution of cocaine. Defendant contends the state failed to present any evidence that he acted as a principal to the drug transactions between the undercover agent and Alice Bailey. He denies he was present at Bailey's residence during the drug transactions and points out the undercover agent testified she had no dealings with defendant. Defendant additionally points out that he is not on the videotape of the drug transactions at issue.

The standard of review for the sufficiency of evidence to uphold a conviction is whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could conclude that the state proved the essential elements of the crime beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 2789, 61 L.Ed.2d 560 (1979).

Distribution of cocaine is defined in LSA-R.S. 40:967(A)(1) which provides that it is unlawful for any person to knowingly or intentionally distribute a controlled dangerous substance classified in Schedule II. Cocaine is classified in Schedule II as a controlled substance. LSA-R.S. 40:964(A)(4). The term "distribute" is defined as "to deliver a controlled dangerous substance ... by physical delivery." LSA-R.S. 40:961(14). "Delivery" has been jurisprudentially defined as transferring possession or control. State v. Harry, 01-2336 (La.App. 4 Cir.6/26/02), 823 So.2d 987, 993, writs denied, 02-2029 (La.2/7/03), 836 So.2d 96 and 02-2299 (La.2/7/03), 836 So.2d 97.

A defendant may be guilty of distribution as a principal if he "aids and abets in the distribution or if he directly or indirectly counsels or procures another to distribute a controlled dangerous substance such as cocaine." State v. Bartley, 00-1370 (La.App. 5 Cir.2/14/01), 782 So.2d 29, 32-33, writ denied, 01-717 (La.2/22/02), 809 So.2d 981.

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Bluebook (online)
860 So. 2d 174, 2003 WL 22438958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-staggers-lactapp-2003.