State v. BrownState v. Brown
In August of 1974 Amos M. Brown was convicted of possession of heroin with intent to distribute, a violation of
On appeal the defendant makes two specifications of error. First, he claims that it was error, as a matter of law, for the trial court to refuse to allow him to introduce copies of the federal statutes under which he was convicted for possession of heroin. The defendant also avers that the trial court erred, as a matter of law, when it refused to give the defendant’s requested jury instructions Nos. two and three, to the jury.
We will deal with the second specification of error first. The trial record shows that instruction No. two was denied because sections A and C of that instruction were already included in the judge’s jury charge as was all of the defendant’s requested instruction three. In charging a jury, the trial judge is required to cover every phase of the case supported by the evidence whether or not accepted as true. It is the duty of a trial judge to give “a requested special charge ... if it does not require qualification, limitation, or explanation, and if it is wholly correct and pertinent; it need not be given if it is included in the general charge or in another special charge which is given.” State v. Smith,
Section B of the defendant’s requested jury instruction No. two was denied because the trial judge considered it a misstatement of the law. That instruction was worded as follows: “With regard to the first element, that is that the defendant has the status of a convicted felon, the State must introduce the following evidence .... that the crime to which the defendant pled guilty was a felony under federal law and would have been one of the crimes enumerated under our law.” Since a special charge must be given by the trial judge only if it is wholly correct and pertinent, State v. Arnaud,
While this is an issue of first impression in Louisiana insofar as
The defendant relies primarily upon the case of State v. Ralph,
In Ralph the defendant was found guilty of the crime of simple burglary. Subsequently the district attorney filed a bill of information charging the defendant as a multiple offender under 15:529.1, based on a prior federal conviction for transporting a stolen motor vehicle in interstate commerce. He was found guilty and sentenced to life imprisonment. On appeal, the defendant contended that since Louisiana had not made transportation of a stolen motor vehicle in interstate commerce a crime, the federal conviction could not be used as a predicate under the Habitual Offender Law. In making its decision on that issue
To determine whether Amos Brown’s prior federal conviction can be used as the predicate conviction under 14:95.1 we apply the analysis used in Berndt. It is clear to us that the Louisiana law most analogous to the law under which Brown was convicted in federal court is a portion of the Uniform Controlled Dangerous Substances Law,
As for the defendant’s first assignment of error, all the jury was required to know was that the defendant had been convicted of a crime which would have been a felony under Louisiana law. That determination is a question of law, not fact, and thus was not required to be presented to the jury. La.Code Crim.Proc.Ann. art. 802(2) and comment (b) thereto. Consequently, Brown’s conviction cannot be overturned on the basis of his first assignment of error since the trial judge was under no obligation to show or explain to the jury the exact federal law under which he had been convicted previously.
For the foregoing reasons we hereby affirm the trial court.
AFFIRMED.
Notes
. 95.1. Possession of firearm or carrying concealed weapon by a person convicted of certain felonies. A. It is unlawful for any person who has been convicted of first or second degree murder, manslaughter, aggravated battery, aggravated or simple rape, aggravated kidnapping, aggravated arson, aggravated or simple burglary, armed or simple robbery, burglary of a pharmacy, burglary of an inhabited dwelling, or any violation of the Uniform Controlled Dangerous Substances Law which is a felony or any crime defined as an attempt to commit one of the above enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which if committed in this state, would be one of the above enumerated crimes, to possess a firearm or carry a concealed weapon, (emphasis added).
. 529.1. Sentences for second and subsequent offenses; certificate of warden or clerk of court in the state of Louisiana as evidence.
A. Any person who, after having been convicted within this state of a felony, or who, after having been convicted under the laws of any other state or of the United States, or any foreign government or country of a crime which, if committed in this state would be a felony, thereafter commits any subsequent felony within this state, upon conviction of said felony, shall be punished as follows: ... (emphasis added).
. Specifically,