State v. TaylorState v. Taylor
Victor E. Bradley, Jr., Norco, for defendant-appellant.
The defendant, Charles Taylor, was indicted on two counts of distribution of cocaine, a violation of
He was tried on one count and the jury found him guilty as charged. The state then filed a multiple offender bill alleging that the defendant was a double felony offender. He admitted the allegations of the multiple bill and the trial court sentenced the defendant to serve 15 years at hard labor. This appeal followed and three assignments of error are urged:
- The trial judge erred in not granting a mistrial when it was shown that the district attorney had not furnished the defense the entire file in accordance with the motion for discovery and prayer for oyer.
- The evidence was not sufficient to support a finding of guilt beyond a reasonable doubt.
- A reversal of conviction or mistrial should be granted as the state did not disclose in accordance with the discovery motions filed that the prosecution witness, Anthony Akins, had a criminal conviction.
FACTS
The defendant was arrested for selling cocaine to Don Carter, an undercover narcotics detective with the St. Charles Parish Sheriff‘s Office. Under Officer Anthony Akins’ surveillance, Detective Carter drove to a location in Boutte where the defendant was standing alongside the street. The defendant flagged the undercover officer down and offered to obtain some cocaine for Carter to purchase. The defendant got into Carter‘s automobile and directed him to drive to an address in a nearby housing project. Unknown to the defendant, Detective Carter was tape-recording all verbal exchanges with the defendant. When Detective Carter reached the address in the housing project, the defendant got out of the car, went inside an apartment and returned with a quantity of cocaine to sell Detective Carter. The officer and the defendant completed the sale and the defendant
ASSIGNMENT OF ERROR NO. 1
During his trial testimony, Detective Anthony Akins referred to a police report he had prepared and had recently reviewed in this case. Out of the jury‘s presence, the defendant moved for a mistrial, claiming that the state had neglected to furnish the defense a copy of the report during open-file discovery. The state conceded that the report had not been provided to the defense, but the state further explained that the report was not part of the case file when the open-file discovery occurred. The trial judge denied the mistrial but ordered the state to produce a copy of the police report for defense counsel‘s immediate inspection. The jury was not returned nor was Detective Akins’ testimony resumed until defense counsel indicated that he had completed his review of the report and was prepared to proceed. On appeal, the defendant contends that the trial judge‘s refusal to grant a mistrial in the case constituted reversible error. According to the defendant,
A similar situation was before this court in State v. London, 478 So.2d 1340 (La. App. 5th Cir.1985). Citing the Louisiana Supreme Court‘s decision in State v. Arnaud, 412 So.2d 1013 (La.1982), the Fifth Circuit noted that reversal of a defendant‘s conviction on the basis of a discovery violation will only be granted if the defendant establishes that he was prejudiced by the trial court‘s adverse ruling on the sanction requested. London, supra, at p. 1345. Furthermore, the appellate court in London referred to
This assignment of error is without merit.
ASSIGNMENT OF ERROR NO. 2
The defendant complains that the evidence introduced at trial was not legally sufficient to support his conviction for distribution of cocaine. The well established standard for reviewing a sufficiency of evidence claim is whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979); State v. Mussall, 523 So.2d 1305 (La.1988).
The defendant was convicted of distribution of a controlled dangerous substance, cocaine, in violation of
At trial, Detective Carter testified that the defendant offered to procure cocaine for the undercover officer to purchase. The defendant then directed Detective Carter to drive to an address where the defendant
This assignment of error is without merit.
ASSIGNMENT OF ERROR NO. 3
During preliminary proceedings in this case, the defendant formally requested production of all Brady material. After this appeal was filed, the defendant discovered that one of the state‘s witnesses, Detective Anthony Akins, had a prior conviction which was not reported to the defense during discovery. The defense now contends that this discovery omission entitles the defendant to reversal of his conviction, or alternatively, remand for a new trial.
Under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), the state is constitutionally required to disclose to the defense evidence favorable to the defendant if such evidence is material to his guilty or punishment. The defendant contends that Detective Akins’ criminal record constitutes Brady material. However, the Louisiana Supreme Court has ruled that the criminal record of a state witness is exculpatory evidence under Brady only when that witness was involved with the defendant in committing the crime. State v. Williams, 389 So.2d 60 (La.1980). The court held in Williams that a prior criminal conviction of a state witness, unless a co-defendant or co-conspirator, did not constitute evidence relevant to the issue of the defendant‘s guilt. Further, the record in this case demonstrates that the outcome of the trial would have remained unchanged even if the defendant had obtained information about Akins’ previous conviction. United States v. Agurs, 427 U.S. 97, 96 S.Ct. 2392, 49 L.Ed.2d 342 (1976).
ERROR PATENT REVIEW
A review of the record in this case reveals a defect in the multiple offender proceeding.
At the multiple offender arraignment, the trial court failed to advise the defendant of his rights prior to accepting the defendant‘s admission to the allegations of the multiple bill. The defendant‘s sentence is vacated and the case remanded for resentencing. State v. Johnson, supra; State v. Jackson, 527 So.2d 1039 (La.App. 5th Cir.1988).
DECREE
For the foregoing reasons, the defendant‘s conviction is affirmed; however, the sentence is vacated and the case remanded for resentencing.
CONVICTION AFFIRMED, SENTENCE VACATED, REMANDED FOR RESENTENCING.