Jandro v. State
| Decision Date | 11 October 1989 |
| Docket Number | No. 87-252,87-252 |
| Citation | 781 P.2d 512 |
| Parties | Luis A. JANDRO, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff). |
| Court | Wyoming Supreme Court |
Joseph B. Meyer, Atty. Gen., John W. Renneisen, Deputy Atty. Gen., Karen A. Byrne, Asst. Atty. Gen., Donald M. Gerstein, Legal Intern, for appellee.
Wyoming Public Defender Program: Leonard D. Munker, State Public Defender, Thomas B. Jubin, Asst. State Public Defender, and Mike Cornia, Asst. State Public Defender, for appellant.
Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.
The principal question presented in Luis Jandro's appeal relates to the admissibility of statements of co-conspirators in a prosecution for conspiracy to deliver methamphetamine, particularly with respect to the impact upon Jandro's right of confrontation. Other issues which are presented involve whether there was probable cause to arrest Jandro so that money taken from him in a search incidental to his arrest was properly admitted into evidence and whether the failure of the arresting officers to furnish the information required pursuant to § 7-1-111, W.S.1977 (since repealed), in writing or to otherwise record it, and to obtain the statutorily required form of waiver according to § 7-1-113, W.S.1977, made Jandro's statements to a law enforcement officer inadmissible. The trial court admitted the evidence taken from Jandro pursuant to a search incidental to his arrest; ruled that no error existed with respect to the failure to furnish advice in writing or otherwise record it or to obtain a waiver in writing from Jandro; and admitted the statements of co-conspirators over Jandro's objection. We are satisfied that no reversible error exists, and we affirm Jandro's conviction.
Jandro was convicted of conspiring to deliver methamphetamine, as defined in Schedule II, § 35-7-1016(d)(ii), in violation of §§ 35-7-103(a)(ii) and 35-7-1042, W.S.1977 (June 1988 Repl.). 1 Following his conviction, after a trial by a jury, Jandro was sentenced to a term of not less than four nor more than six years in the Wyoming State Penitentiary with credit given for 240 days of pre-trial confinement. Jandro has appealed that judgment and sentence.
In his Brief of Appellant, Jandro advises the court of the following issues for review:
The State of Wyoming, as appellee, identifies substantially the same issues, but restates them to be:
A summary of the events disclosed by the record, which culminated in the arrest and conviction of Jandro, among others, commences with the furnishing to John Downing of $1,500 in recorded $100 bills by a Casper detective. This money was to pay for an ounce of methamphetamine that Downing had obtained from a Mrs. Noveline Miles. Mrs. Miles was a resident of California and was determined to be one of Jandro's coconspirators. Earlier, Downing had promised Gene Nordgren, another co-conspirator, that later, on the same afternoon or evening, he would pay Nordgren for the methamphetamine after he had collected from his "customer." Downing made the promised payment, using the identified bills, and then dropped out of the picture. Nordgren handed the recorded money to Miles and sometime later, around 10:30 P.M., Nordgren and Miles rented a car, picked up Nordgren's brother, Steve another known narcotics dealer, and drove to Rawlins. The purpose of that trip was to arrange for the purchase of a fresh supply of controlled substances, including methamphetamine, for resale. They were not aware that the bills which they were carrying were the recorded bills the detective had given to Downing, nor did they know that they were being followed by a surveillance team. This surveillance team had monitored the earlier transaction between the detective and Downing, and the team also had monitored continuously the activities of Nordgren and Miles during the day.
The following morning, January 16, 1987, the two Nordgrens and Miles, still under surveillance, met with an individual named Marco Macias (Marco) at a Rawlins motel where Jandro and Marco were staying. The Casper police and the Wyoming Department of Criminal Investigation (DCI) earlier had obtained information from a previously reliable informant that Marco, a resident of California, had brought methamphetamine into the Casper area on at least one prior occasion. Their belief was that he had done the same thing on other occasions. The reliable informant had told the authorities that Marco and a partner, who was not identified, again were engaged in delivering methamphetamine into Wyoming.
In the motel room in which Marco and Jandro were staying, Gene Nordgren and Marco discussed terms and other arrangements for the purchase of controlled substances. Miles simply watched and listened. Apparently, she was simply to serve as a middleperson or introducer and be an observer, and Gene Nordgren was to do the actual dealing. At the trial, her testimony was that she had gone along on this trip only because she was bored in Casper. Even so, she helped with computations and the determination of prices. She denied any past drug dealings with Marco, but she testified that she had known him from various meetings back in California. Even given her prior acquaintance with Marco, it appears that Steve Nordgren, not Miles, was the primary contact person between Marco and Gene Nordgren.
Marco wanted some "good will" money before he would agree to release any controlled substances. Miles gave the $1,500 in recorded bills to Gene Nordgren who then handed it over to Marco. This was understood to be a short-term loan due later the same day with "interest" amounting to $500. Gene Nordgren added another $150 of his own. This seemed to satisfy Marco who then "fronted" the three, Gene Nordgren, Steve Nordgren, and Miles, with eight ounces of methamphetamine, four ounces of cocaine, and a pound of marijuana. The agreed price was $11,650, so the $1,650 paid at this time really was nothing more than "good will." The balance of $10,000 was to be paid the next day after the three dealers had resold the controlled substances. During these events, except for a brief interlude when he woke up and rubbed his eyes before falling back down on the bed, Jandro was asleep in the room. He did not participate in the conversations or negotiations relating to this transaction.
The two Nordgren brothers and Miles then took their new supply of controlled substances and drove to Riverton where they left Gene Nordgren to dispose of their stock. Gene Nordgren had told the other two that he believed he could sell it all to Mike Etheridge, another known dealer in controlled substances, in one transaction. Steve Nordgren and Miles returned to Casper.
Etheridge, although quite willing to sample the merchandise, was not able to dispose of an amount as large as this, and he and Gene Nordgren decided to drive around the state in an effort to sell it in other locations. While pursuing this plan, Etheridge and Gene Nordgren got involved in a high speed chase between Powder River and Casper at the culmination of which they were arrested. During the latter part of the chase, they jettisoned amounts of marijuana and methamphetamine from the vehicle, together with various other objects, some of which were recovered by the arresting officers. Those officers were members of the same surveillance team that had monitored the Downing transaction in Casper and had then followed the two Nordgren brothers and Ms. Miles to Rawlins. After he had been arrested, Gene Nordgren agreed to assist the officers in their continuing investigation.
While these other events were transpiring, Marco and Jandro had moved to Douglas where they rented another motel room. During the course of the day, Marco called Miles, who by then was now back in Casper, to inquire about Gene Nordgren and the rest of his money. Both of them were unaware of Gene's arrest. Around 7:00 P.M., Miles, at the suggestion of Marco, went from Casper to Douglas where there was, supposedly, no "heat" (a slang term for police interest). On this journey, Miles was accompanied by her brother, Nick Dennis, and a friend of the brother, Jose Olquin. When they arrived in Douglas, she was not permitted to go directly to the motel room occupied by Jandro and Marco. Instead, she was directed to meet Jandro in a nearby field with the understanding that he then would lead her to the motel room. This was Jandro's first direct contact with Miles. The outdoor meeting occurred as planned, and those two, leaving Dennis and Olquin in the car, proceeded to the motel room where they met with Marco. Miles was without funds, and she asked Marco for the money she had fronted for the controlled substances. Her contention was that she was not responsible for any losses because she was simply a middle-person. Marco refused the request, advising her that Jandro had the money. Miles testified that Jandro exploded at that point, yelling that he "had $30,000 in this and Gene had better come back with his money, that he would break his arms and legs or do whatever he had to do to get his $10,000." She also...
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