97 So. 3d 1034
La. Ct. App.2012Background
- Morton was convicted in Jefferson Parish for possession with intent to distribute cocaine, after amendment of the charged offense from possession of cocaine in excess of 28–200 grams.
- He waived a jury; the court convicted him on August 23, 2011, and sentenced him to 15 years without parole, probation, or suspension, to run concurrently with another case.
- Pretrial motions, including suppression, were denied; the information was amended on August 8, 2011 to the possession with intent to distribute charge.
- Police surveillance began after informant Hickman provided information; surveillance at Mike’s Discount led to Defendant’s arrest when he allegedly struck unmarked police units.
- A separate search of the back residence at 1208 Marshall Drive yielded a large quantity of cocaine, scales, paraphernalia, and an envelope listing names with monetary amounts; cash was seized from Defendant.
- Defendant testified and challenged the officers’ credibility; the State’s case rested on both the surveillance testimony and Defendant’s admissions linking him to the back residence and the cocaine found in his car.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession with intent to distribute | Morton argues the State failed to prove guilty knowledge and control | Morton argues the officers planted evidence and lacked credibility | Conviction affirmed; sufficient evidence supported possession and intent to distribute |
| Arraignment, sentencing delays, and advisal errors patent | Appellate claims errors in arraignment on amended charge and sentencing delays | Defendant waived delays by readiness for sentencing | No corrective action needed for arraignment; delays waived; error acknowledged but remedied in sentencing framework |
| Illegal sentence and commitment correction | Sentence exceeded statutory limits for parole exclusion | None specified beyond challenge to sentence | Sentence amended to two years without parole, probation or suspension; remanded for commitment correction |
Key Cases Cited
- State v. Sosa, 921 So.2d 94 (La. 2006) (sufficiency review; circumstantial evidence standard)
- Jackson v. Virginia, 443 U.S. 307 ((U.S. Supreme Court 1979)) (sufficiency of evidence standard)
- State v. Captville, 448 So.2d 676 (La.1984) (scope of reasonable doubt; circumstantial evidence)
- State v. Toups, 833 So.2d 910 (La.2002) (possession and dominion factors)
- State v. Hearold, 603 So.2d 731 (La.1992) (circumstantial evidence and inferences for intent)