State v. Trosclair

691 So. 2d 202, 1997 WL 83134
CourtLouisiana Court of Appeal
DecidedFebruary 14, 1997
Docket96 KA 1171
StatusPublished
Cited by2 cases

This text of 691 So. 2d 202 (State v. Trosclair) 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. Trosclair, 691 So. 2d 202, 1997 WL 83134 (La. Ct. App. 1997).

Opinion

691 So.2d 202 (1997)

STATE of Louisiana
v.
Willis Andrew TROSCLAIR, Jr.

No. 96 KA 1171.

Court of Appeal of Louisiana, First Circuit.

February 14, 1997.
Rehearing Denied April 2, 1997.

*203 Mark D. Rhodes, Houma, for State—Appellee.

Anthony Champagne, Houma, for Defendant-Appellant.

Before LOTTINGER, C.J., and FOIL and FOGG, JJ.

FOGG, Judge.

The defendant, Willis Andrew Trosclair, Jr., was charged by bill of information with distribution of marijuana, a violation of LSA-R.S. 40:966 A(1). He pled not guilty and, after trial by jury, was found guilty as charged. The defendant received a sentence of seven years at hard labor, with credit for time served. He has appealed, alleging five assignments of error, as follows:

*204 1. Reversible error is patent on the face of the record as the marijuana was never introduced into evidence.

2. The trial court erred in instructing the jury that a defense witness had claimed his privilege against self-incrimination.

3. The prosecutor made numerous prejudicial remarks during closing argument and rebuttal closing argument.

4. The trial court erred in making a prejudicial remark at the conclusion of the jury charge.

5. The trial court erred in imposing an excessive sentence.

FACTS

Between December of 1992 and November of 1993, William Jordan was employed by the Terrebonne Parish Sheriff's Office as an undercover narcotics agent. At approximately 6:00 p.m. on May 6, 1993, Agent Jordan entered Betty's Grocery in Dulac, Louisiana. After making a small purchase, he informed the defendant that he was leaving. When the defendant asked Agent Jordan where he was going, he replied that he was "going to go find something for the head" (a street term used to find some type of narcotic). The defendant stated: "Hey, man, you looking for a bag?" When Agent Jordan replied in the affirmative, the defendant stated: "I can't leave the register, let me get Albert, we'll get you a bag." The defendant called to his brother Albert and stated: "Hey, the guy with the big 4-wheel drive, he needs a bag." Agent Jordan went to the back of the store and purchased a bag of marijuana from Albert Trosclair for forty dollars. Before leaving the store, Agent Jordan again spoke with the defendant. Referring to the bag of marijuana, the defendant inquired: "Did you like it?" Agent Jordan replied that he was satisfied and, shortly thereafter, he left the store.

At the trial, Agent Jordan testified that he currently was employed as an undercover narcotics agent by the St. James Parish Sheriff's Office. He recounted the details of the above drug transaction between himself and Albert Trosclair. Agent Jordan specifically referred to the statements made by the defendant before and after the drug transaction.

The defense presented three witnesses who essentially contradicted the testimony of Agent Jordan. The defendant's wife, Wanda Trosclair, testified that she had not seen the defendant with any marijuana since his arrest in 1988. She testified that she overheard part of the conversation between Agent Jordan and the defendant on May 6, 1993. According to Mrs. Trosclair, when Agent Jordan asked the defendant if he had something, the defendant replied that "he don't (sic) fool with that no (sic) more."

The defendant's brother, Albert Trosclair, testified that when Agent Jordan entered the store on May 6, 1993, he did not hear Agent Jordan ask for marijuana or anything else. He also denied hearing Agent Jordan ask the defendant for anything. According to Albert Trosclair, Agent Jordan was asking for him, not the defendant. When Albert heard his name mentioned, he walked around the partition at the rear of the store and Agent Jordan followed him outside as he went to fix his fishing gear. Albert Trosclair testified that he thought this incident occurred at approximately 10:30 a.m. because he was leaving to go fishing. Prior to cross-examination, however, when it became clear that the prosecutor would question Albert Trosclair regarding specific details of the alleged drug transaction, he invoked the privilege against self-incrimination. He was removed from the witness stand without cross-examination.

The defendant testified that he did not sell marijuana to anyone in 1993. According to the defendant, he had not had any dealings with drugs since his arrest in 1988. The defendant testified that, when Agent Jordan entered the store on May 6, 1993, he approached the defendant and made some kind of a comment. The defendant replied that he "didn't f_ _ _ with it no more." At that point, Agent Jordan asked about his brother Albert, to which the defendant replied: "I don't know, you're going to have to ask him." At that point, Agent Jordan spotted Albert Trosclair and they walked outside together. After approximately fifteen or twenty minutes, Agent Jordan came back inside the *205 store, said goodbye, and left. The defendant specifically denied knowledge of a marijuana transaction because the door was closed, Agent Jordan and Albert Trosclair were outside, and the defendant could not see what happened.

ASSIGNMENT OF ERROR NUMBER ONE

In this assignment of error, the defendant contends that there is reversible error patent on the face of the record because, while the Scientific Analysis Report was admitted into evidence, the State never introduced the marijuana into evidence.

Initially, we note that the failure to introduce a certain piece of evidence would not constitute an error patent on the face of the record. See LSA-C.Cr.P. art. 920(2). Furthermore, for the reasons which follow, we find no error herein.

At the trial, State Exhibit 1, the Scientific Analysis Report, was introduced to prove that the substance seized in this case contained marijuana. The defendant did not object to the introduction of the Scientific Analysis Report; in fact, it was admitted pursuant to a stipulation. Therefore, the Scientific Analysis Report was prima facie proof of its contents and of proper custody. See La. R.S. 15:500; State v. Staton, 433 So.2d 222 (La.App. 1 Cir.), writ denied, 438 So.2d 1112 (La.1983). Additionally, Agent Jordan testified that he purchased a plastic bag containing what he believed to be marijuana. This testimony, combined with State Exhibit 1, was sufficient to prove that the defendant and his brother sold Agent Jordan a controlled dangerous substance (marijuana) despite the fact that the State declined to produce, or introduce into evidence, the contraband itself. See State v. Brown, 628 So.2d 207 (La.App. 2 Cir.1993).

This assignment of error is meritless.

ASSIGNMENT OF ERROR NUMBER TWO

In this assignment of error, the defendant contends that the trial court erred in informing the jury that a defense witness had claimed the privilege against self-incrimination.

Albert Trosclair testified on direct examination. However, prior to cross-examination, the jury was removed from the courtroom and he was questioned about whether or not he would invoke the privilege against self-incrimination. After consulting his attorney, Albert Trosclair announced that he would claim the privilege against self-incrimination. At this point, the prosecutor requested the trial court to instruct the jury that the witness had invoked the privilege against self-incrimination. Defense counsel objected, but the trial court overruled the objection and instructed the jury as follows:

THE COURT:

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Bluebook (online)
691 So. 2d 202, 1997 WL 83134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-trosclair-lactapp-1997.