State v. Dauzart
89 So. 3d 1214
La. Ct. App.2012Background
- July 2009 hotline complaint alleged narcotics trafficking at 1823 North Galvez Street; description matched defendant Dauzart.
- NOPD surveillance observed multiple transactions by Dauzart and others around the location.
- Controlled cocaine purchase via confidential informant occurred; cocaine tested positive for crack cocaine.
- Warrant issued; police found eleven individually wrapped crack pieces in a dresser during a home search.
- Defendant’s mother, Diane Jackson, testified; defendant refused to return to the residence when asked by police.
- Defendant was charged Sept. 15, 2009; trial in 2010 resulted in conviction and an initial eight-year sentence, later increased to eighteen years as a double offender.
- Evidence included a subpoena with Dauzart’s name at the residence and bullets found in a closet; testimony from Jackson and Nicole Roy corroborated involvement around the residence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession with intent to distribute | State argues evidence supports possession with intent to distribute | Dauzart argues evidence fails to exclude reasonable innocence, and intent to distribute is not proven | Sufficient evidence; conviction affirmed |
| Ineffective assistance of counsel on direct appeal | State asserts trial counsel ineffective across stages | Dauzart claims numerous failures; no adequate record to resolve on direct appeal | Assignment lacking merit; issues proper for post-conviction relief; not decidable here |
| Excessiveness of sentence after double-offender adjudication | State contends eighteen-year term within discretion for a second offender | Dauzart contends sentence excessive and improper under guidelines | Not excessive; trial court did not abuse discretion; sentence affirmed |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. (1979)) (sufficiency standard for evidentiary review)
- Strickland v. Washington, 466 U.S. 668 (U.S. (1984)) (ineffective assistance standard)
- State v. Shapiro, 431 So.2d 372 (La. 1982) (circumstantial evidence sufficiency framework)
- State v. Jacobs, 504 So.2d 817 (La. 1987) (Jackson v. Virginia framework; evidence review)
- State v. Pollard, 640 So.2d 882 (La.App. 4 Cir. 1994) (factors for (constructive) possession)
- State v. Williams, 594 So.2d 476 (La. App. 4 Cir. 1992) (intent to distribute may be inferred from circumstances)
- State v. Wimberly, 414 So.2d 666 (La. 1982) (Art. 894.1 guidelines; not automatic invalidation when not complied with)
- State v. Phillips, 853 So.2d 675 (La.App. 4 Cir. 2003) (remedial effects of 894.1 compliance on review)