State v. LesterState v. Lester
Terrence L. Lester was indicted for distribution of methamphetamine, a violation of
Defendant was arrested after an undercover investigation in which two undercover police agents bought a quantity of methamphetamine (speed) from an individual by the name of Brian Dale Bonnette. In exchange for a probated sentence, Bonnette testified at defendant‘s trial on behalf of the state and related that he called upon defendant to supply the substance after he (Bonnette) originated the deal with the undercover officers. Bonnette testified that defendant drove to a bar, where the transaction took place, delivered the substance to him and accepted $100.00 in cash for the substance contained in the small plastic bag. Bonnette identified William B. Stewart, another state witness, as the individual who paid for the bag and to whom the package was delivered. Officer Stewart, a trooper first class with the Louisiana State Police, also testified and identified Bonnette as his original contact for the deal. He positively identified defendant as having been present at the bar and further described the automobile in which he saw defendant arrive.
Defendant testified on his own behalf. He confirmed that he had access to an automobile similar to that described by Stewart but denied participation in the transaction. He argues the eyewitness identification made by Stewart and Bonnette3 was erroneous and claims to have spent the evening in question packing for a
ASSIGNMENT OF ERROR NUMBER TWO
Defendant urges the trial court erred in permitting the state to present evidence, over his timely objection, because its opening statement did not sufficiently set forth the state‘s case.
We find the opening statement adequately complies with
What we intend to prove, what we are going to prove this afternoon is that the defendant, Mr. Lester, along with some other people, were not very far from this courthouse, not very far from this courtroom, just down the road here close to the ferry landing, a place that‘s commonly called the oyster bar, and while there at the oyster bar a transaction took place, a transaction in which this substance that we call methamphetamine was in effect, was transferred, was distributed, was sold. We intend to prove that this took place by the testimony of policement who are undercover agents, by the testimony of laymen. There was one layman who was present at the time. We also intend to introduce the testimony of laboratory technicians, at least one laboratory technician, as to the very nature of the substance....
This statement adequately sets forth the charge and the nature of the evidence to be presented. We find the court did not err in overruling defendant‘s objection.
ASSIGNMENT OF ERROR NUMBER THREE
By this assignment of error, defendant argues the trial court erred by allowing introduction of the controlled dangerous substance into evidence because the state failed to establish the chain of evidence. He admits the chain of evidence was “reasonably” sufficient in all respects except the identification of the substance.
Defendant makes much of the fact that various witnesses described the powder as “brownish“, “off-white” or “white“, and claims these discrepancies resulted in the introduction of inadmissible evidence because it could not be consistently identified. We note, however, that the discrepancies related to in-court identification of the substance; although each witness described the same exhibit, each perceived it to be a different color. In Bonnette‘s testimony, he described the substance he saw at the bar as more brownish than the white powder admitted into evidence; the other witnesses described the trial exhibit as off-white. Bonnette did, however, testify that it was dark at the time of the transaction, and he saw the contents for only “a couple of minutes.” Bonnette also admitted that he was “intoxicated at the time.”
Demonstrative evidence can be admitted into evidence only after it is
Although defendant argues the chain of custody was deficient, it appears that his argument is concerned only with the visual identification. Officer Stewart positively identified the substance as that which he bought from defendant through the witness Bonnette. We do not find the different descriptions of the subject matter so conflicting as to render the visual identification suspect. The court did not err by permitting the state to introduce the exhibit.
ASSIGNMENT OF ERROR NUMBER FOUR
By this assignment of error, defendant argues the trial court erred in permitting the state to cross examine him as to the specifics of charges for which he had been convicted.
On cross-examination, defendant admitted that he had previously pled guilty to two charges of simple possession of marijuana. Over defendant‘s objection, the state was permitted to inquire if that was the offense initially charged; and defendant was forced to testify that he had actually been charged with distribution of marijuana and possession with intent to distribute marijuana. Defendant argued the state should have been permitted to inquire only about those charges of which he had been convicted.
The Louisiana Supreme Court has held that the state may cross-examine a witness as to the details of an offense for which the witness was convicted for purposes of establishing the true nature of the offense. State v. Talbert, 416 So.2d 97 (La.1982); State v. Jackson, 307 So.2d 604 (La.1975). The specifics of defendant‘s former charges certainly lend weight to the “knowingly” and “intentionally” elements of his conduct in the instant charge. However, care must be taken to avoid prejudice to the rights of the accused by expansive reference to details of a former conviction.
The prosecutor‘s questions did not go beyond the facts necessary to show the true nature of the offense. The extent to which an inquiry into prior convictions is permitted depends on the facts of each case; the trial court has great discretion to control the length and depth of the examination. State v. Williams, 445 So.2d 1171 (La.1984); State v. Miller, 449 So.2d 1361 (La.App. 1st Cir.1984), writ denied, 450 So.2d 965 (La.1985). We find no abuse of discretion herein.
ASSIGNMENT OF ERROR NUMBER FIVE
Defendant submits the trial court imposed an excessive sentence because Bonnette received a suspended sentence. He argues that inadequate consideration was given to the fact that he was convicted only on the testimony of a convicted drug dealer and that his role was shown to be merely that of the individual who delivered the substance to the dealer; no testimony was given which indicated he received any money for his part of the sale.
Initially, we note that co-defendants do not have to receive identical sentences; rather, sentences should be tailored to the particular offense and offender. State v. Jessie, 429 So.2d 859 (La.1983). Disparity of sentences is a factor to be weighed in assessing an excessiveness claim. State v. Smith, 433 So.2d 688 (La. 1983); State v. Swartz, 444 So.2d 660 (La. App. 1st Cir.1983).
The trial judge is given a wide discretion in the imposition of sentences within statutory limits, and the sentence imposed by him should not be set aside as excessive in the absence of a manifest abuse of his discretion. The penalty imposed must be so grossly disproportionate to the crime committed, in light of the harm caused to society, as to shock our sense of justice. State v. Cann, 471 So.2d 701 (La.1985). We do not find the sentence imposed herein to be an abuse of discretion.
CONVICTION AND SENTENCE AFFIRMED.