State v. White

87 So. 3d 318, 11 La.App. 3 Cir. 1059, 2012 WL 1108670, 2012 La. App. LEXIS 445
CourtLouisiana Court of Appeal
DecidedApril 4, 2012
DocketNo. 11-1059
StatusPublished
Cited by1 cases

This text of 87 So. 3d 318 (State v. White) 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. White, 87 So. 3d 318, 11 La.App. 3 Cir. 1059, 2012 WL 1108670, 2012 La. App. LEXIS 445 (La. Ct. App. 2012).

Opinions

SAUNDERS, J.

hThe Defendant, James Willie White, was charged by bill of information dated May 17, 2010, with the offenses of: 1) possession of marijuana with intent to distribute, a violation of La.R.S. 40:966(A)(1), and 2) obstruction of justice, a violation of La.R.S. 14:130.1(A)(l)(a).

On February 15, 2011, the Defendant filed a Motion to Suppress Evidence in the trial court. A hearing was conducted on the Defendant’s motion on March 22, 2011, at the conclusion of which, the trial court denied the Defendant’s motion to suppress. On April 6, 2011, the Defendant pled guilty to the reduced offense of attempted possession of marijuana with intent to distribute, reserving his right to appeal the trial court’s denial of his motion to suppress, pursuant to State v. Crosby, 338 So.2d 584 (La.1976).

Thereafter, on June 29, 2011, the Defendant was sentenced to serve ten years at hard labor and pay a fine of $2,500, plus court costs. The Defendant did not object to the sentence or file a motion to reconsider sentence.

From this conviction and sentence, the Defendant now appeals, alleging two assignments of error.

FACTS:

Upon investigation by officers from the Louisiana Wildlife and Fisheries Department and the Vernon Parish Sheriffs Department, two discarded bags of marijuana were discovered in the vicinity of two vehicles, parked side by side on the entrance way to a private hunting club in Vernon Parish. After investigation by the officers, the Defendant was arrested at the scene [320]*320and charged with possession of marijuana with the intent to distribute and obstruction of justice.

| .ERRORS PATENT:

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the record, we find that there are no errors patent.

ASSIGNMENT OF ERROR NO. 1:

The Defendant contends that the trial court erred in denying his motion to suppress evidence. Specifically, the Defendant asserts that the stop by the officers was unlawful, that the State failed to prove that the abandoned marijuana belonged to the Defendant, or that the marijuana was abandoned prior to the allegedly unlawful stop. Due to the following reasons, we find that the evidence supports the trial court’s ruling and the trial court did not abuse its discretion in denying the Defendant’s motion. This contention has no merit.

During the hearing on the motion to suppress, only one witness was called to testify. Lieutenant William Tyree, Jr., a nineteen-year veteran with the Louisiana Department of Wildlife and Fisheries, Enforcement Division, testified that he was patrolling in the vicinity of VFW Road, in Vernon Parish, on April 2, 2010. He was primarily looking for persons who might be hunting illegally. Lieutenant Tyree heard a vehicle approaching on the nearby road and walked to the edge of the highway to investigate. He observed a brown colored Chevrolet Pickup backing up on the roadway and turning into a leased property gateway, belonging to the Wilson Pasture Hunting Club. He knew that backing up on the roadway was a violation of the law and that the area where the truck was stopped was private property.

The officer went back to his vehicle and drove to the location, coming upon the truck and another vehicle, a blue Ford Thunderbird, which he originally did not observe. The vehicles were parked next to each other in the hunting club access j^drive. The officer was certain the area in which the vehicles were parked was private property because his own hunting lease was located directly across the highway from the club lease.

He approached the vehicles to determine what they were doing in the area, and a male subject immediately exited the Ford and opened his hood, while the Defendant also exited his vehicle and opened its hood. The officer also noticed a female passenger in back of the Ford, who appeared to be incoherent. Lieutenant Tyree ordered both males to come to him, as he had lost sight of the Defendant when the hood of the truck was opened. He asked both men for identification and asked them what they were doing. Both men initially stated that the driver of the Ford had encountered unspecified vehicle trouble and that the Defendant came to assist. Neither man ever stated the nature of the alleged car problem.

The officer advised both men that they were trespassing on private property. Both men were very nervous, would not make eye contact, and were shaking. At that point, Lieutenant Tyree radioed for assistance from the Vernon Parish Sheriffs Office. When asked whether he had ever been arrested, the Defendant lied, stating that he only had speeding tickets on his record. The Defendant’s extensive criminal history was radioed back to Lieutenant Tyree from the sheriffs office.

Further, the officer testified that such rural, gated locations were frequently used to dump illegal trash and drug needles. He also observed that both men had tattoos associated with inmates and suspected [321]*321that they might have illegally been associating with each other, as parolees, which was later confirmed to be the case.

When all three people at the scene were separated and questioned, they gave conflicting stories regarding their destination and purpose for being there. The | .(Defendant and the other driver gave consent to search the vehicles, which only turned up a wrapped cigar.

Upon arriving at the scene, Deputy Vance walked around the vehicles, discovering two discarded bags of what later proved to be marijuana, near the driver’s side of Defendant’s truck, about ten feet away. Lieutenant Tyree observed that both bags were dry and pollen-free, despite the heavy dew on the ground and widespread pollen covering the entire area. Lieutenant Tyree did not observe the Defendant discard the bags, although he was the only one of the three persons at the scene who was not under his constant observation after arrival.

After discovering the marijuana, the other driver and his female passenger admitted to the officers that they had called the Defendant to have him deliver marijuana to them for sale at the location. The Defendant maintained his original story of vehicle problems. The officer noted that the Defendant may have had a bottle of transmission fluid in his hand shortly after he initially spotted him near the vehicle, but no such problem with the truck was found. The driver and passenger of the Ford were later released, without criminal charges, as they had no illegal substances in their possession, while the Defendant was arrested and charged, as noted.

In his ruling denying the Defendant’s motion to suppress evidence, the trial court noted that it was familiar with areas such as the access drive where the vehicles were parked and that such areas do commonly constitute private property, thereby giving Lieutenant Tyree a reasonable belief that the Defendant may have been trespassing. Further, the court was also familiar with the problem of illegal trash dumping, giving the officer an additional reason to investigate.

The court also stated that the illegal backing up of the Defendant’s vehicle gave him further cause to approach the Defendant and determine his intentions.

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99 So. 3d 1108 (Louisiana Court of Appeal, 2012)
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Cite This Page — Counsel Stack

Bluebook (online)
87 So. 3d 318, 11 La.App. 3 Cir. 1059, 2012 WL 1108670, 2012 La. App. LEXIS 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-white-lactapp-2012.