State v. Washington

687 So. 2d 575, 1997 WL 12106
CourtLouisiana Court of Appeal
DecidedJanuary 15, 1997
DocketCR96-656
StatusPublished
Cited by23 cases

This text of 687 So. 2d 575 (State v. Washington) 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. Washington, 687 So. 2d 575, 1997 WL 12106 (La. Ct. App. 1997).

Opinion

687 So.2d 575 (1997)

STATE of Louisiana
v.
Melvin WASHINGTON.

No. CR96-656.

Court of Appeal of Louisiana, Third Circuit.

January 15, 1997.

*577 Robert Richard Bryant, Jr., V. Ed McGuire, III, Lake Charles, for State.

John Lavern, Lake Charles, for Melvin Washington.

Before THIBODEAUX, PETERS and GREMILLION, JJ.

PETERS, Judge.

The defendant, Melvin Washington, was charged by bill of indictment with possession of large quantities of cocaine, a Schedule II drug as defined by La.R.S. 40:964(A)(4), in violation of La.R.S. 40:967(C) & (F)(1)(c). He was tried by a jury and found guilty of possession of cocaine in excess of four hundred grams. The state then filed a bill of information, charging the defendant as a third felony habitual offender. After a habitual offender hearing, the defendant was found to be a third felony offender and was sentenced to serve thirty years at hard labor without benefit of probation, parole, or suspension of sentence. The defendant has appealed his conviction and sentence.

DISCUSSION OF THE RECORD

On May 18, 1993, Deputy David Domingue and Deputy Ray Price of the Calcasieu Parish Sheriff's Office were working traffic enforcement detail along Interstate Highway 10 (I-10) within Calcasieu Parish. Deputy Domingue was operating a radar unit in one vehicle, and Deputy Price was in another vehicle, functioning as a backup unit. Deputy Price had a drug-detection dog in his unit.

At approximately 8:00 P.M., the defendant and a passenger were traveling east on I-10 in a 1985 Chevrolet S-10 Blazer and were clocked by Deputy Domingue's radar doing seventy-five miles per hour in a fifty-five-mile-per-hour zone. Deputy Domingue then stopped the defendant at approximately mile post twenty-three on I-10, and Deputy Price pulled over to aid in the stop.

Deputy Domingue testified that the defendant immediately jumped out of his vehicle and said, "Mississippi Narcotics, I'm on a deal." According to Deputy Domingue, this action and the defendant's demeanor in general were so unusual that he became fearful of the situation and immediately conducted a pat-down search of the defendant. He found the defendant's action to be particularly unusual because in his experience, undercover officers do not normally reveal themselves, even to fellow police officers. After the pat-down search, the defendant informed Deputy Domingue that he was working for the Woodville Police Department and requested that the officer call Jimmy Ray Reese of the Woodville Police Department for confirmation of that fact. The defendant could not produce a driver's license, and Deputy Domingue returned to his unit to conduct a name-inquiry search based upon the information supplied by the defendant. The search revealed that Washington had two prior felony convictions on his record.

While Deputy Domingue was running the check on Washington's identity, Deputy Price conducted an exterior search of the Blazer with his drug-detection dog. The dog alerted on the car near the front passenger door seam, and Deputy Price informed Deputy Domingue of the alert. Deputy Domingue then informed Washington of his Miranda rights; told him that they were going to search the Blazer; and asked him if there were any narcotics in the car. Deputy Domingue testified that the defendant's response was "Man, you know, you know" and "Man, don't do this to me, you know." According to Deputy Domingue, the defendant continued to claim that he was a narcotics agent. In his testimony, Deputy Price confirmed Domingue's recollection of the defendant's response except that he heard him say, "Hey, man, you know."

A nine-millimeter pistol was recovered from the interior of the Blazer, and the officers then proceeded to search the vehicle's hood area. As a result of this search, they found two cylinder-shaped objects wrapped in brown tape inside the breather hoses under the hood. Later analysis confirmed that these objects contained 421.11 grams of *578 crack cocaine having a street value of approximately $80,000.00. After the cocaine was found, Washington and his passenger[1] were placed under arrest and taken to the sheriff's maintenance shop where they were met by Detective David Green, an investigator with the Calcasieu Parish Sheriff's Office, Narcotics and Vice Divisions. The group then proceeded to the sheriff's office where the defendant was again advised of his Miranda rights and Detective Green, Deputy Domingue, and Deputy Price again questioned him concerning the cocaine found in the search. The officers testified that upon further questioning, the defendant admitted that he had acquired the cocaine in Houston from a Bob Womack and that he was driving it back to his sister's house in Crosby, Mississippi. He also stated that he was being followed by or was following two Jamaicans who were apparently responsible for assuring delivery of the cocaine.

Deputy Domingue testified that he contacted the Mississippi Bureau of Narcotics and the person he spoke with told him that the defendant was not working for them and that he did not even know the defendant. Domingue also called the Woodville Police Department and was informed that Jimmy Ray Reese was not the Chief of Police of Woodville, but of Centerville, Mississippi. Deputy Domingue then contacted Reese, who confirmed that he knew the defendant but stated that the defendant was not working for him. Reese also testified at trial. He testified that he had worked for the Mississippi Bureau of Narcotics from 1989 to 1990 and that they had attempted to use Washington as a confidential informant on occasion, but the defendant had not been able to produce. He further testified that he had not had any contact with Washington since 1990, and Washington was not working for him as a confidential informant in May 1993. At trial, the defendant testified that he was driving the Blazer and transporting the pistol back to Mississippi for someone named Kevin. In exchange for this service, Kevin was to supply him with some crack cocaine. He also testified that although the Blazer was registered to a Sharon Evans of Crosby, Mississippi, it actually belonged to his sister and Kevin. It was his testimony that he had no knowledge that there were any drugs in the vehicle; that he had lied to the deputies about being a narcotics officer because he was fearful of being found with the pistol in his possession; and that Jimmy Ray Reese had helped him out of difficulties in the past.

The jury returned a verdict of guilty of possession of cocaine in excess of four hundred grams. At the habitual offender hearing, it was determined that the defendant was the same individual who was convicted of burglary of an automobile in March 1987 and burglary of a dwelling house on October 27, 1988. Both of these prior offenses occurred in Mississippi and were found to be felonies under the laws of that state. The defendant was then found to be a habitual offender and was sentenced to serve thirty years at hard labor without benefit of probation, parole, or suspension of sentence.

OPINION

In his appeal, the defendant raises eight assignments of error. These assignments address alleged errors in the trial, the habitual offender proceedings, and the sentence. For the following reasons, we reject these assignments.

Assignment of Error Number One

By his first assignment of error, the defendant contends that the verdict was contrary to the law and the evidence. Specifically, he claims that the state failed to prove that he knew the drugs were in the Blazer.

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Cite This Page — Counsel Stack

Bluebook (online)
687 So. 2d 575, 1997 WL 12106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-washington-lactapp-1997.