State v. Williams

632 So. 2d 893, 1994 WL 51743
Louisiana Court of Appeal·Decided February 23, 1994·No. 25835-KA·Published·Cited by 10 cases

Opinion

632 So.2d 893 (1994)

STATE of Louisiana, Appellee,
v.
Moses WILLIAMS, Appellant.

No. 25835-KA.

Court of Appeal of Louisiana, Second Circuit.

February 23, 1994.

*894 Richard J. Gallot, Jr., Ruston, for appellant.

Richard Ieyoub, Atty. Gen., Baton Rouge, Robert W. Levy, Dist. Atty., Stephen K. Hearn, Jr., Asst. Dist. Atty., Ruston, for appellee.

Before MARVIN, LINDSAY and STEWART, JJ.

LINDSAY, Judge.

The defendant, Moses Williams, was convicted of possession of cocaine, in violation of LSA-R.S. 40:967. He was sentenced to four years at hard labor. For the reasons assigned below, we affirm the defendant's conviction and sentence.

FACTS

At about 3 a.m. on July 7, 1991, two police cars were patrolling near a low-income housing project in Ruston which was known for crack cocaine trafficking. The police officers observed two automobiles stopped side by side in the street with several men leaning into the windows of both vehicles. When the patrol cars approached them, the group of men in the street dispersed and fled. Additionally, the two automobiles began to drive away.

Officer William Picou was patrolling alone in one of the police cars. He pulled over one of the vehicles, a white Buick Riviera driven by the defendant. (The other patrol car pursued the second vehicle.) When Officer Picou asked the defendant to get out of his car, the defendant became very defensive, insisting that the men in the street had jumped in front of his car and gotten on the hood of the car. The defendant produced his driver's license, and the officer ran a check on him.

Officer Picou also ascertained the identity of the defendant's passenger, Kenzie Davis. Mr. Davis remained in the vehicle by himself while Officer Picou and the defendant stood behind the Buick and in front of Officer Picou's patrol car.

The defendant granted Officer Picou permission to search his vehicle. Since there were two suspects, Officer Picou waited until back-up units arrived to conduct the search. After again obtaining the defendant's permission to search in the presence of the other officers, Officer Picou and Lt. J.C. Hilton, Jr., a shift supervisor, then began a search of the defendant's car. Lt. Hilton discovered a gym bag behind the driver's seat. An examination of the contents of the bag revealed a matchbox containing specks of a white powdery substance. A field test of the substance (which was later confirmed by the crime lab) determined that it was cocaine. The defendant admitted ownership of the gym bag to Officer Greg Brown.

The defendant was arrested for possession of cocaine and advised of his rights. While Officer Picou was transporting him to the Lincoln Parish Detention Center, the defendant *895 admitted ownership of the gym bag and the matchbox. He also stated that he could not believe he was being arrested for such a small quantity of cocaine.

Following a jury trial, the defendant was convicted of possession of cocaine. He was sentenced to serve four years at hard labor.

The defendant filed a motion for new trial in which he alleged, among other things, that one of the jurors had failed to state during voir dire that he knew the defendant and his family. At a hearing on the motion, the defendant testified that he now remembered that he and his siblings had attended school with the juror. However, he testified that he did not know whether the juror remembered him or his siblings. Thereafter, the trial court denied the motion for new trial.

The defendant appealed. He assigned as error the following: (1) the trial court erred in allowing the state to introduce oral statements allegedly made by the defendant to Officer Picou; (2) the evidence was insufficient to support his conviction; (3) the trial court erred in denying the defendant's motion for a new trial; and (4) the defendant was denied a fair and impartial trial due to ineffective assistance of counsel.

ORAL STATEMENTS

In this assignment of error, the defendant complains of the introduction of statements which he allegedly made to Officer Picou. Although the defendant concedes that he admitted ownership of the gym bag and questioned his arrest for such a small quantity of cocaine, he denies admitting ownership of the matchbox. He further contends that the state failed to timely provide him with notice of its intent to use the statement.

The record shows that on September 11, 1991, defense counsel filed a motion to compel discovery under LSA-C.Cr.P. Art. 716, et seq. In his motion, he requested that the state produce any oral statements allegedly made by the defendant. On October 7, 1991, the state responded to the motion by providing the defendant with a copy of the police report. The report contained the defendant's statement to Officer Picou, made while en route to the detention center, in which he stated that he could not believe he was being arrested for such a small amount of cocaine. It also contained the defendant's admission to Officer Brown that the gym bag belonged to him.

On the morning of the defendant's trial, the state filed notice of its intent to use oral statements, i.e., the defendant's admissions to Officer Picou of ownership of both the gym bag and the matchbox, as well as his comments about being arrested for such a small quantity of cocaine. Upon objection by the defendant, the trial court conducted a hearing outside the presence of the jury. The assistant district attorney informed the court that he had learned about the statement pertaining to ownership of the matchbox only thirty minutes earlier and that he had promptly given the defendant notice of his intent to use the statement.

The trial court conducted an evidentiary hearing on the voluntariness of the statement, thereby rendering it unnecessary to file a motion to suppress. The court also agreed to allow defense counsel a chance to consult with his client regardless of the court's ruling.

At the hearing, Officer Picou testified that the defendant made the statements concerning ownership of the matchbox and cocaine and that the statements were free and voluntary. At the conclusion of the hearing, the trial court ruled that the statement was voluntary and admissible; it then granted a recess.

The purpose of discovery rules in criminal trials is to eliminate unwarranted prejudice from surprise testimony. State v. Toomer, 395 So.2d 1320 (La.1981); State v. Gantt, 616 So.2d 1300 (La.App. 2d Cir.1993), writ denied, 623 So.2d 1302 (La.1993).

The failure of the state to comply with the discovery procedure will not automatically command reversal. The defendant must show prejudice in order for his conviction to be reversed. State v. Gantt, supra.

Sanctions for failure to comply with discovery motions are solely within the discretion of the trial judge and reversal is warranted only when there is an abuse of discretion and *896 prejudice is shown. State v. Gantt, supra. Granting a recess to enable the defendant to prepare to meet the newly-revealed evidence may be an appropriate remedy. State v. Helaire, 496 So.2d 1322 (La.App. 3d Cir. 1986), writ denied, 503 So.2d 13 (La.1987).

The court will review the record for a determination of whether any prejudice which may have resulted from the noncompliance caused the trier of fact to reach the wrong conclusion. State v. Lewis, 535 So.2d 943 (La.App. 2d Cir.1988), writ denied, 538 So.2d 608 (La.1989), reconsideration denied, 541 So.2d 844 (La.1989), cert. denied, 493

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