State v. Stephens

114 So. 3d 1265, 2013 WL 2321037, 2013 La. App. LEXIS 1050
CourtLouisiana Court of Appeal
DecidedMay 29, 2013
DocketNo. 47,978-KA
StatusPublished
Cited by5 cases

This text of 114 So. 3d 1265 (State v. Stephens) 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. Stephens, 114 So. 3d 1265, 2013 WL 2321037, 2013 La. App. LEXIS 1050 (La. Ct. App. 2013).

Opinion

CARAWAY, J.

12Matthew Stephens was convicted in a bench trial of possession with intent to distribute methamphetamine (Schedule II CDS), in violation of La. R.S. 49:967(A)(1), and possession of Lortab (Schedule III CDS), in violation of La. R.S. 40:968(C). He pled guilty to being a fifth felony habitual offender and was sentenced on each count to concurrent sentences of 50 years at hard labor without benefit of probation or suspension of sentence.1 Stephens appeals his conviction and sentence. We affirm his conviction and sentences, but vacate a sentence imposed in error for possession of a Schedule IV CDS.

Facts

On June 4, 2008, Matthew Stephens was charged by bill of information with possession with intent to distribute a Schedule II CDS, methamphetamine, and possession of a Schedule III CDS, Lortab. The same bill of information also charged Jade Cofer with possession of a Schedule IV CDS.

On August 27, 2010, Stephens was tried before a judge. The following facts were gleaned from the trial testimony.

Agent Robert Robinson, a Shreveport Police Department mid level narcotics investigator, testified that he had been investigating both Stephens and Cofer for illegal distribution of narcotics. Through the course of his investigation, he received information that Stephens would be bringing to DCofer’s home a large amount of methamphetamine concealed in two black bags. Robinson obtained a warrant to search Cofer’s home on April 15, 2008. Once Stephens arrived at Cofer’s house, other officers executed the warrant through the front door of the residence. Robinson stated that officers apprehended Stephens as he tried to escape through the back door. Three other individuals found inside of the home included Cofer, Laurie Ezernack and Charles Todd.

As officers conducted their search they found a purse containing Xanax pills, cash, and methamphetamine according to Robinson. Cofer admitted that these items belonged to her. The officers also located a black nylon bag on the sofa in the living room. Inside of the black bag was another bag. Robinson testified that methamphetamine, cocaine and Lortab were found inside the bags in addition to unused baggies and needles, clean syringes, spoons, swabs and “gadgets” that “people with metham-[1267]*1267phetamines like to deal with.” Robinson testified that Stephens was known as the “Gadget Man.” Robinson stated that the black bag and its contents matched what he expected Stephens to bring to Cofer’s home based upon information he had received. Robinson arrested Stephens and informed him of his rights.

Robinson testified that he took Stephens to the police station, read him his rights a second time and obtained his video-recorded statement in which Stephens admitted that the bag belonged to him. However, Stephens denied that the drugs found inside the bag were his. Stephens told Robinson that he was a narcotics dealer and had “some stuff’ in the bags earlier, 1 including Ecstasy and Ice, street terms for methamphetamine, that he dropped off prior to coming to the house because he knew Cofer’s house was “hot.” Stephens indicated to Robinson that he sold drugs to support his own habit. He admitted that he and Cofer had a “relationship” and that they sold dope together. Stephens admitted that when he got to Cofer’s house, he bought $400 worth of narcotics from her that he handed to Ezernack when the raid occurred.

Robinson testified that the quantity of methamphetamine found in Stephens’ bag was probably not intended for personal consumption. He explained that a user could not typically keep more than two grams of methamphetamine in his possession because its addictive nature created a potential threat of overdosing.

On cross-examination, Robinson revealed that he had information from a confidential informant that Stephens would be arriving at the house with “a large amount of methamphetamines.” The officers did not report seeing Stephens’ entry into the house. All of the individuals in the residence, however, including Charles Todd, informed Robinson that Stephens had brought the black bag into Cofer’s home. Robinson testified that the officers did not find any other black bags in the home. Robinson admitted that Stephens had no drugs on his person when he was arrested. He also admitted that Todd was on parole for distribution of methamphetamine and had his own bedroom in Cofer’s house.

Next to testify was Corporal Sean McCullough of the Caddo Parish Sheriffs Office. McCullough first made entry into the home through the | ¡¡front door. McCullough acted upon information he had that Cofer and Stephens were inside the home. During the operations, McCullough stayed in the living room and ultimately began the search of the room. On the sofa, he located a “fanny sized black bag” and opened it. He found another black case in the outer bag. He proceeded to look through the bags, where he found narcotics. McCullough photographed the items he found. At trial he identified the photographs which were introduced into evidence.

McCullough identified the larger black bag that he recovered on the couch. He testified that it was inside this bag that he found a smaller “Game Boy bag.” He testified that it was during his search of the main bag that he found narcotics including methamphetamine, cocaine and a couple of pills. McCullough opened the larger bag while testifying and removed the contents of it. He described a blue glass case and smaller zipper bag which contained a spoon, plastic container, and a large empty baggie which usually contained smaller baggies. He also identified a gold container in which he found “several different things of narcotics.” McCullough testified he found several empty bags that he knew were used to package narcotics.

He stated that it was when he opened the smaller bag that he discovered more [1268]*1268narcotics. He also opened that bag in court and testified that he found methamphetamine in it along with baggies for packaging and other items of paraphernalia. He removed the items from this bag in court. He identified the items as a “medium-sized bag” containing approximately 20-25 smaller unused baggies with hearts on them that were used to package |finarcotics. McCullough testified that he also found a hideaway key, plastic container with razor blades in it, a magnet, a small metal cup, a spoon and numerous other clear baggies that were used for packaging narcotics. He also testified that he found unused syringes, a knife, and a larger quantity of narcotics in the smaller black bag.

McCullough also identified the narcotics he found in the two bags and stated that one large bag of methamphetamine weighed about 19.5 grams and that a total of 22 grams of methamphetamine was recovered from the bags.

Lieutenant Mike Tong of the Shreveport Police Department was qualified by the court as an expert in street-level narcotics investigation and long-range investigation. He testified that although he was not personally involved in the investigation of this case, he had reviewed the photographs and evidence including the narcotics seized. In making a determination as to whether an individual is a dealer or not, Tong testified that he looks for scales, packaging materials, currency and the weight of the material seized. He may also consider how the drugs are packaged. Tong stated that large quantities- of methamphetamine packaged in a large baggie with needles, spoons or smoking pipes would indicate that the person is a dealer as well as a user.

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Related

State v. Smith
227 So. 3d 337 (Louisiana Court of Appeal, 2017)
State ex rel. Stephens v. State
186 So. 3d 94 (Supreme Court of Louisiana, 2016)
State v. Howard
169 So. 3d 777 (Louisiana Court of Appeal, 2015)
State v. Manning
164 So. 3d 346 (Louisiana Court of Appeal, 2015)
State v. Ellis
144 So. 3d 1152 (Louisiana Court of Appeal, 2014)

Cite This Page — Counsel Stack

Bluebook (online)
114 So. 3d 1265, 2013 WL 2321037, 2013 La. App. LEXIS 1050, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-stephens-lactapp-2013.