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77 So. 3d 1
La. Ct. App.
2011
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Background

  • Defendant Lloyd Bobo, Jr. was convicted by jury of possession with intent to distribute marijuana, ecstasy, and cocaine.
  • Sentences: 25 years for each Schedule I drug and 30 years for cocaine, all to run consecutively for a total of 80 years; adjudicated a third felony offender.
  • Evidence showed narcotics found in back seat area of a police unit after an arrest for a traffic stop; cash, weapon, and drugs were discovered; drugs included cocaine, MDMA, marijuana, and crack cocaine.
  • Habitual offender adjudication relied on prior convictions evidenced by certified minutes and fingerprint analysis; defense challenged the second guilty plea transcript only as to Boykin rights.
  • Issues raised on appeal include sufficiency of evidence, habitual offender proof, videotape spoliation, discovery of an expert witness, and sentencing compliance under Article 894.1 and 24-hour delay rules.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Sufficiency of evidence to prove possession with intent to distribute Bobo argues evidence insufficient to prove possession and intent. Bobo contends the circumstantial evidence fails to show possession and specific intent. Sufficiency established; rational jury could find possession and intent to distribute beyond reasonable doubt.
Proving the third felony offender status State met burden with fingerprints and certified minutes; second plea transcript not perfect but sufficient. State failed to prove second prior guilty plea was properly informed as to Boykin rights without a perfect transcript. State sufficiently proved the second felony conviction; no reversible error in habitual offender adjudication.
Spoliation and late disclosure regarding videotape of arrest Destruction of videotape prejudices defendant’s case. Destruction was explained; spoliation doctrine not applicable. Spoliation does not apply; destruction explained and harmless.
Discovery and admission of an expert witness Townley without timely disclosure Non-disclosure violated discovery rules and prejudiced defense. Non-disclosure harmless given similar testimony from other officer. Harmless error; no reversal required.
Consecutive sentencing and Article 894.1 articulation Consecutive sentences justified by habitual offender status. Trial court failed to justify consecutive sentences or apply Art. 894.1 factors; delayed sentencing not properly handled. Vacate sentences; remand for resentencing with proper articulation and justification.

Key Cases Cited

  • Hudson v. Louisiana, 450 U.S. 41 (U.S. 1981) (sufficiency review applicable with Hudson rule)
  • Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of evidence)
  • State v. Sutton, 436 So.2d 471 (La.1983) (Jackson standard applied in Louisiana context)
  • State v. Owens, 719 So.2d 610 (La.App. 2 Cir. 1998) (sufficiency when direct and circumstantial evidence)
  • State v. Shelton, 621 So.2d 769 (La.1993) (burden to prove prior guilty pleas; perfect transcript standard)
  • State v. O'Neal, 795 So.2d 1292 (La.App. 2 Cir. 2001) (no need for perfect transcript if no infringement shown)
  • State v. Calhoun, 974 So.2d 805 (La.App. 2 Cir. 2008) (court's burden shift when Boykin rights appear in minutes)
  • State v. Lindsey, 770 So.2d 339 (La.2000) (proof of prior convictions via competent evidence permissible)
  • State v. Warfield, 859 So.2d 307 (La.App. 2 Cir. 2003) (discusses prior Boykin-related issues and transcript sufficiency)
  • State v. Strickland, 398 So.2d 1062 (La.1981) (discovery violations and prejudice analysis)
  • State v. Lanclos, 419 So.2d 475 (La.1982) (Art. 894.1 applicability and remand when improper specificity)
Read the full case

Case Details

Case Name: State v. Bobo
Court Name: Louisiana Court of Appeal
Date Published: Jun 8, 2011
Citations: 77 So. 3d 1; 2011 WL 2209146; 2011 La. App. LEXIS 727; 46,225-KA
Docket Number: 46,225-KA
Court Abbreviation: La. Ct. App.
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