State v. Taylor

900 So. 2d 212, 2005 WL 767118
CourtLouisiana Court of Appeal
DecidedApril 6, 2005
Docket39,651-KA
StatusPublished
Cited by10 cases

This text of 900 So. 2d 212 (State v. Taylor) 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. Taylor, 900 So. 2d 212, 2005 WL 767118 (La. Ct. App. 2005).

Opinion

900 So.2d 212 (2005)

STATE of Louisiana, Appellee
v.
Christopher TAYLOR, Appellant.

No. 39,651-KA.

Court of Appeal of Louisiana, Second Circuit.

April 6, 2005.

*215 G. Paul Marx, Paula Corley Marx, Lafayette, for Appellant.

William R. Jones, District Attorney, Julie C. Jones, Assistant District Attorney, for Appellee.

Before BROWN, CARAWAY and PEATROSS, JJ.

CARAWAY, J.

A jury convicted Christopher Taylor of attempted possession of marijuana with intent to distribute and attempted possession of a firearm by a convicted felon.[1] Taylor was adjudicated a habitual offender and was sentenced to thirty years hard labor on the drug charge. Additionally, he was sentenced to seven years at hard labor and a $1000 fine on the gun conviction. Taylor appeals only the attempted possession of marijuana conviction and sentence. We affirm.

Facts

On November 6, 2003, Red River Parish deputies executed a search warrant for the apartment of a female, Roctreas "Roc" McCray ("McCray"), after receiving information from McCray's father, Mack Lewis, that guns and drugs belonging to the defendant, Christopher Taylor, were located in the dwelling. Lewis believed Taylor was living in the apartment and that McCray had been out of town the previous week. Lewis claimed two of his other daughters provided him with the information. Lewis visited the apartment and, after seeing guns and drugs, contacted Red River Parish Deputy Johnny Taylor. Deputy Taylor reported the parties' apparent illegal activity to Taylor's and McCray's parole and probation officers. McCray was on probation for an aggravated battery conviction. Taylor was on parole for a manslaughter conviction and had been out of prison for only a few weeks. Because both McCray and Taylor had reported to the probation office that morning, Deputy Taylor was able to secure consent to search forms for McCray's apartment and another address provided *216 by Taylor. Subsequently, detectives searched one of the bedrooms of McCray's apartment and found a Lorcin .380 semi-automatic pistol concealed between the bed mattress and box spring and a .38 revolver with bullets in a box in the closet. Forty-two individually wrapped packages of marijuana and two bags of crack cocaine were found in the chest of drawers located in the bedroom. Detectives also found two shirts hanging in the room which Taylor admitted were his. From the headboard of the bed, detectives also recovered a picture identification card belonging to Taylor. As the result of the search, both McCray and Taylor were arrested. Taylor was charged with possession with intent to distribute marijuana, possession of cocaine and possession of a firearm by a convicted felon. After his conviction and sentencing as a habitual offender, Taylor sought a reconsideration of the imposed sentence which was denied by the trial court. This appeal followed.

Discussion

Taylor first argues that the evidence failed to exclude the reasonable hypothesis that the drugs belonged to McCray. He claims the only evidence showing that Taylor possessed the drugs came from biased witnesses who knew McCray would go to prison if she possessed illegal drugs.

Taylor failed to file a motion for post-verdict judgment of acquittal. The question of sufficiency of the evidence is properly raised by such a motion. La. C.Cr.P. Art. 821. Nevertheless, this court will consider sufficiency arguments even in the absence of such a motion. State v. Henry, 36,217 (La.App. 2d Cir.8/14/02), 823 So.2d 1064.

The standard of appellate review for a sufficiency-of-evidence claim is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime proven beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Bosley, 29,253 (La.App. 2d Cir.4/2/97), 691 So.2d 347, writ denied, 97-1203 (La.10/17/97), 701 So.2d 1333.

The Jackson standard is applicable in cases involving both direct and circumstantial evidence. An appellate court reviewing the sufficiency of evidence in such cases must resolve any conflict in the direct evidence by viewing that evidence in the light most favorable to the prosecution. When the direct evidence is thus viewed, the facts established by the direct evidence and inferred from the circumstances established by that evidence must be sufficient for a rational trier of fact to conclude beyond a reasonable doubt that the defendant is guilty of every essential element of the crime. State v. Sutton, 436 So.2d 471 (La.1983); State v. Owens, 30,903 (La.App. 2d Cir.9/25/98), 719 So.2d 610, writ denied, 98-2723 (La.2/5/99), 737 So.2d 747.

Circumstantial evidence consists of proof of collateral facts and circumstances from which the existence of the main fact may be inferred according to reason and common experience. State v. Lilly, 468 So.2d 1154 (La.1985); State v. Turner, 591 So.2d 391 (La.App. 2d Cir.1991), writ denied, 597 So.2d 1027 (La.1992). For circumstantial evidence to convict, it must exclude every reasonable hypothesis of innocence. La. R.S. 15:438.

This court's authority to review questions of fact in a criminal case is limited to the sufficiency-of-the-evidence evaluation under Jackson, supra, and does not extend to credibility determinations made by the trier of fact. La. Const. art. 5, § 10(B); State v. Williams, 448 So.2d 753 (La.App. 2d Cir.1984).

*217 The crime of possession with intent to distribute a Schedule I drug requires proof that the defendant knowingly and intentionally possessed the drug and that he did so with the specific intent to distribute it. State v. Johnson, 34,902 (La.App. 2d Cir.9/26/01), 796 So.2d 201, writ denied, 03-2631 (La.11/8/04), 885 So.2d 1124; State v. Marshall, 02-1067 (La.App. 5th Cir.2/25/03), 841 So.2d 881, writ denied, 03-0909 (La.9/26/03), 854 So.2d 345. Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose. La. R.S. 14:27. Thus, in this case, the State was required to prove that Taylor had the specific intent to possess marijuana with the intent to distribute it and that he did an act or omitted to do an act for the purpose of and tending directly toward the accomplishment of his object. State v. Gilbert, 02-922 (La.App. 5th Cir.1/28/03), 839 So.2d 250; State v. Hines, 02-397 (La.App. 5th Cir.9/30/02), 829 So.2d 530.

Regarding the element of possession of a controlled dangerous substance, the state need not prove the defendant was in physical possession of the narcotics found; constructive possession is sufficient to support a conviction. State v. Toups, 01-1875 (La.10/15/02), 833 So.2d 910. Constructive possession means having an object subject to one's dominion and control, with knowledge of its presence, even though it is not in one's physical possession. State v. Holland, 39,922 (La.App. 2d Cir.12/10/03), 862 So.2d 448; State v. White, 37,261 (La.App. 2d Cir.6/25/03), 850 So.2d 987.

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Cite This Page — Counsel Stack

Bluebook (online)
900 So. 2d 212, 2005 WL 767118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-taylor-lactapp-2005.