79 So. 3d 1220
La. Ct. App.2011Background
- Brandon Allen appeals jury verdicts convicting him of possession of cocaine and hydrocodone and possession of a firearm by a felon; sentences for the drug counts were five years, firearm count ten years, all concurrent, later enhanced to ten years for each drug count and ten years for the firearm, to run consecutive to prior terms, totaling twenty years.
- The State filed a habitual offender bill; after a hearing the court sentenced to habitual offender ten-year terms on both drug counts, concurrent with each other and consecutive to the firearm term.
- Defendant also challenges the denial of his motion to suppress evidence collected from a traffic stop initiated by a confidential informant’s tip and subsequent searches.
- Key evidence included drugs under the driver’s seat in the car, a loaded firearm in the backseat, drugs in the back of the police unit, and additional drugs in a refrigerator at a girlfriend’s residence.
- The sharable narrative includes rulings correcting sentencing minutes and vacating the firearm conviction due to insufficient evidence, while affirming the drug convictions and suppression ruling as to those issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession counts | Allen argues circumstantial proof and absence of knowledge negate possession. | Prosecution failed to show Allen knew of or controlled the drugs and gun. | Sufficient evidence for constructive possession of drugs; insufficient for firearm by felon. |
| Validity of habitual offender enhancements on multiple drug counts | Enhancements properly applied to both narcotics counts under habitual offender statute. | Statute should not enhance multiple sentences arising from a single episode. | Enhancement of both narcotics convictions affirmed; no prohibition on dual enhancements. |
| Motion to suppress and search legality | Stops and searches were supported by reasonable suspicion and voluntary consent. | Stops/searches lacked probable cause, and consent was not voluntary; residence search warrant issues. | Stop and searches upheld; consent voluntary; residence search valid with warrant; suppression denied for the drug evidence. |
| Errors patent and sentencing minutes | Original five-year sentences vacated before habitual offender adjudication; minutes reflected hard labor improperly. | Minutes/transcripts misalign; corrections needed to reflect ten-year habitual sentences without hard labor. | Vacate original five-year sentences; correct minutes to reflect ten-year drug sentences; conviction adjustments as ordered. |
| Laboratory reports and confrontation clause | Lab reports admissible to prove substance identity without analyst appearance. | Confrontation concerns under Crawford/Melendez-Diaz apply. | Admissibility preserved by lack of objection; confrontation concerns not reversible error. |
Key Cases Cited
- State v. Major, 888 So.2d 798 (La. 2004) (circumstantial possession factors and knowledge inferred from circumstances)
- State v. Toups, 838 So.2d 910 (La. 2002) (constructive possession indicators and shared control)
- State v. Mayer, 760 So.2d 309 (La. 2000) (vacation of former sentence reflected in transcript; habitual offender procedures)
- State v. Pitre, 893 So.2d 1009 (La. App. 3 Cir. 2005) (vacation/clarification when habitual offender sentence imposed)
- State v. Shaw, 969 So.2d 1233 (La. 2007) (habitual offender enhancements can apply to multiple sentences from a single act)