State v. Clark
| Decision Date | 06 October 1976 |
| Docket Number | No. 58055,58055 |
| Citation | 338 So.2d 690 |
| Parties | STATE of Louisiana v. Randy CLARK. |
| Court | Louisiana Supreme Court |
Frank Bright, Shreveport, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John A. Richardson, Dist. Atty., B. Woodrow Nesbitt, Jr., Asst. Dist. Atty., for plaintiff-appellee.
On November 10, 1975 defendant Randy Clark was indicted by the Caddo Parish Grand Jury for distribution of methamphetamine, a controlled dangerous substance, in violation of R.S. 40:968. He was tried before twelve jurors who, on January 15, 1976, returned a verdict of guilty as charged. On March 3, 1976 the prosecution filed a third offender bill of information on the basis of which the judge sentenced defendant to fifteen years at hard labor on March 15, 1976. The defendant reserved nine assignments of error but on appeal abandoned two. Due to our disposition of this case we need only discuss Assignment of Error No. 2.
At defendant's trial it was established that on September 3, 1975 agent Noel Reed of the Louisiana State Police narcotics division and informant, John David Emmons, arranged a purchase of methamphetamine from defendant. Both agent Reed and Emmons testified that Emmons' person and car were searched to ascertain whether he had any controlled dangerous substances in his possession; no controlled dangerous substances were discovered. Emmons was given $50.00, the prearranged purchase price for two grams of methamphetamine, and he then proceeded to Wilson's Department Store parking lot to meet the defendant. Emmons testified that he and defendant got in Emmons' car and Emmons gave defendant $50.00 in exchange for two grams of methamphetamine. Agent Reed watched this transaction but testified that he did not actually see the money and methamphetamine change hands due to his angle of vision. After defendant left, Emmons surrendered two grams of methamphetamine to agent Reed and a search of Emmons did not produce the marked money.
Defendant put on no evidence bur his cross-examination of the State's witnesses revealed that the defense contention was that no crime had been committed. The defense apparently attempted to establish that the paid informer, Emmons, was biased and that he had somehow 'framed' the defendant. The defendant elicited such facts as the lack of a thorough search of Emmons' car and the failure to find the marked money in defendant's possession in order to supplement the inference that Emmons was not credible and had fabricated the alleged sale.
At an early stage of the State's case in chief the prosecution sought to introduce evidence that the defendant also distributed methamphetamine to David Emmons on September 19, 1975. The defense objected on the grounds that this evidence was irrelevant and, in any event, too prejudicial. The objection was overruled and forms the basis for defendant's Assignment of Error No. 2. Defendant's objection at the trial level raises the issue of whether this extraneous offense fits within any established exception to the rule prohibiting the introduction of 'other crimes' evidence.
The evidence of the extraneous offense consisted of the following:
On September 19, 1975 John David Emmons and agent Reed arranged a purchase of methamphetamine from defendant. The transaction was confected in similar fashion to the first. Emmons was searched and then given $100.00 to purchase five grams of methamphetamine. Emmons, accompanied by another narcotics agent, Ms. Bell, proceeded to defendant's house trailer. The sale was consummated in defendant's bedroom outside the presence of agent Bell. Emmons and the agent then met with agent Reed whereby a search revealed five grams of methamphetamine but no money. The evidence of this transaction was elicited from Emmons, Reed, Bell and another narcotics agent.
Defendant concedes that all the technical requirements established by State v. Prieur, 277 So.2d 126 (La.1973) were followed. However, he argues that the evidence was irrelevant and its admission constitutes reversible error. R.S. 15:445 provides:
'In order to show intent, evidence is admissible of similar acts, independent of the act charged as a crime in the indictment, for though intent is a question of fact, it need not be proven as a fact, it may be inferred from the circumstances of the transaction.'
R.S. 15:446 provides:
'When knowledge or intent forms an essential part of the inquiry, testimony may be offered of such acts, conduct or declarations of the accused as tend to eatablish such knowledge or intent and where the offense is one of a system, evidence is admissible to prove the continuity of the offense, and the commission of similar offense for the purpose of showing guilty knowledge and intent, but not to prove the offense charged.' State v. More, 278 So.2d 781, 785 (La.1973), held that in order to be admissible evidence of extraneous offenses must be independently relevant to prove an element of the State's case and the probative value of the evidence must outweigh its prejudicial effect. R.S. 40:968 only requires that the prohibited acts be 'knowingly or intentionally' done and thereby only requires a general criminal intent. 1 Since this intent is established by mere proof of voluntary distribution, intent was not an issue in the case. State v. Banks, 307 So.2d 594, 597 (La.1975). 2
State v. Moore, supra, in construing R.S. 15:435 3 also held that nothing may be given in evidence which does not tend to prove or disprove a matter in issue. 'In explaining whether the evidence of other crimes might be relevant, the 'matter in issue' must be real and genuine, and not one which the prosecution conceives to be at issue merely because of the plea of not guilty.' 4 The defendant was adequately identified by both Emmons and agent Reed as the person who sold Emmons the methamphetamine on September 3, 1975. In addition, the defendant's cross-examination of the State's witnesses did not contest this identification and defendant did not attempt to raise any issue of identification in defense. Thus, the extraneous offense was completely unnecessary to prove identity because it was not truly a 'matter in issue.' 5
We have said that in narcotics possession and distribution cases the State has the burden of proving 'guilty knowledge.' E.g. State v. Knight, 298 So.2d 726 (La.1974); State v. Kreller, 255 La. 982, 233 So.2d 906 (1970). However, the prosecution can not introduce an extraneous offense under the guise of proving 'guilty knowledge' when in fact it is not a genuine matter in issue.
If the jury believed the informer's testimony, the evidence established that the defendant gave two grams of methamphetamine to Emmons in exchange for $50.00. The defense rested, if on anything, on the lack of credibility of the State's primary witness, Emmons. The defense did not in any way contend that the defendant possessed the drugs accidentally or without an awareness of the substance's illegal nature, only that a crime was fabricated by the informer. Since the...
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