State v. Evins
| Decision Date | 03 November 1993 |
| Docket Number | No. CR,CR |
| Citation | 626 So.2d 480 |
| Parties | STATE of Louisiana v. Paul EVINS. 93-462. |
| Court | Court of Appeal of Louisiana — District of US |
Douglas L. Hebert, Jr., Kinder, for State of LA.
Jonathan C. Vidrine, Thomas M. Abrusley, Oakdale, for Paul Evins.
Before STOKER, DOUCET and SAUNDERS, JJ.
Defendant, Paul Evins, was charged by bill of indictment filed on February 18, 1992, with allegations that on or about January 10, 1992, he:
A. Did unlawfully produce or manufacture a controlled dangerous substance classified as R.S. 40:964, Schedule II, to-wit: "Crack" cocaine, in violation of R.S. 40:967(A)(1).
B. Did unlawfully possess, with intent to distribute a controlled dangerous substance, classified in R.S. 40:964, Schedule II, to-wit: Cocaine, in a quantity greater than 400 grams, in violation of R.S. 40:967(A)(1) and (F)
C. On or prior to January 10, 1992 did unlawfully conspire with Sally Moreaux, Mark Clemmons, Michael Randolph, and Ricky Hinds, [sic] to produce, manufacture, distribute, or dispense or possess with intent to produce manufacture, distribute or dispense a controlled dangerous substance classified in R.S. 40:964, Schedule II, to-wit: Cocaine, in excess of 400 grams, in violation of R.S. 40:979
D. On or prior to January 10, 1992 knowingly engaged in or conducted financial transactions involving proceeds known to be derived from a violation of R.S. 40:966 et. seq., (drug offense), in violation of R.S. 40:1049
E. On or prior to January 10, 1992 conspired with Sally Moreaux to knowingly engage in or conduct financial transactions involving proceeds known to be derived from a violation of R.S. 40:966 et. seq. (drug offense), in violation of R.S. 14:26
F. On or prior to January 10, 1992 did unlawfully possess drug paraphanalia [sic], in violation of R.S. 40:1033
However, charges "D" and "E" were severed upon motion by the state prior to trial. On June 26, 1992, defendant was found guilty on the remaining charges. On January 19, 1993, defendant was sentenced to thirty (30) years at hard labor with the Department of Corrections on the charge of producing and manufacturing a controlled dangerous substance, to-wit: "crack" cocaine. As to the charge of possession with intent to distribute a controlled dangerous substance to-wit: cocaine in a quantity greater than 400 grams, defendant was sentenced to serve thirty (30) years at hard labor to run concurrent with the first sentence. On the conspiracy to produce, manufacture, distribute or dispense a controlled dangerous substance, defendant was sentenced to fifteen (15) years to run concurrent with the other charges and on the misdemeanor drug paraphernalia charge defendant was given a thirty (30) day sentence to run concurrent with the other charges. Furthermore, we note that in addition to the sentences imposed on the above convictions, the trial court also gave defendant a ten (10) year concurrent sentence on the charge of knowingly engaging in or conducting financial transactions involving proceeds known to be derived from a violation of LSA-R.S. 40:966, et seq. The district judge sentenced the defendant on a charge that had previously been severed and which is not properly before this court. 1 Defendant appeals his convictions alleging eighteen assignments of error. However, several of these specified assignments were not briefed and are, therefore, considered abandoned pursuant to Uniform Rules, Courts of Appeal 2-12.4.
Paul Evins, the defendant, was operating a drug trafficking business in Oakdale, Allen Parish, Louisiana. Evins would purchase cocaine in powder form in Houston, Texas, either personally or through his agent, Mark Clemmons. The cocaine in powder form would be brought back to Oakdale and would be cooked into "crack" cocaine either by Evins or his agent. The "crack" cocaine was for local distribution. Money for and from the operation was held for Evins in the home of and/or in bank safety deposit boxes by his sister, Sally Moreaux.
On January 1, 1992, Grant Willis of the Allen Parish Sheriff's Office, via a reliable and established confidential informant used on other occasions resulting in arrests, learned that Paul Evins had made a trip to Houston, Texas, on or about December 31, 1991, to purchase cocaine to cook into crack form and resell in Oakdale. On January 8, 1992, the same confidential informant advised Detective Willis that Paul Evins had again made a trip to Houston, Texas, to purchase cocaine. This information was verified by a second confidential informant on January 9, 1992. Based upon the information received from the confidential informants and other information in the hands of the Allen Parish Sheriff's Office, a search warrant was obtained for the person of Paul Evins, the mobile home in which he resided, and vehicles belonging to him, said search warrant allowing for the search to be made during the day or night, Sundays or holidays.
A surveillance was begun by the Allen Parish Sheriff's Office to try to locate Evins either with one of his vehicles or at his residence. At approximately 1:45 a.m., January 10, 1992, both of Evins' vehicles were located at the residence of Mark Clemmons. At a trailer a few hundred feet from the Clemmons' house, a sentry or guard (Mike Randolph) appeared to be posted at the front of the trailer and there were lights on in the trailer. Deputies from the Allen Parish Sheriff's Office in conjunction with deputies from the Oakdale Police Department split into two groups. One group was to execute the search warrant of Paul Evins' residence. The other was to be prepared to see if Paul Evins was at the Hawkins' trailer, if Evins was not at his own residence.
When the first group arrived at Evins' residence, they found that he was not there and notified the second group. Part of the second group went to the back of the Hawkins' trailer and part of the group went to the front. When they arrived at the front of the trailer, Mike Randolph, the sentry or guard knocked on the door twice with his elbow or hand. Detective John Beard with the Allen Parish Sheriff's Office went to the door of the trailer. Frank Hawkins, calling from inside the trailer, asked who was there and Detective Beard responded, "It's John Beard with the Allen Parish Sheriff's Office." He was advised by Mr. Hawkins to enter, but the door was locked. When Detective Beard told Mr. Hawkins that the door was locked, Mr. Hawkins unlocked the door for him to enter. Detective Beard heard running footsteps from inside the trailer as he entered. Detective Beard and Officer Raydell Dill of the Oakdale Police Department entered the trailer. Detective Beard advised Mr. Hawkins that they were looking for Paul Evins and Mr. Hawkins gave them permission to look in his trailer. Officer Dill went into the right bedroom and Detective Beard went to the left through the kitchen. As he went through the kitchen, Detective Beard observed several items on the counter that appeared to be part of a "cocaine operation," such as a police scanner tuned to the Oakdale Police Department frequency, two microwaves, plastic baggies with white residue, Pyrex cups, baking soda and a Pyrex cup containing a cookie shaped object in the microwave. The back door to the trailer was open and Detective Beard observed several individually wrapped cookies of what appeared to be "crack" cocaine on the ground.
Detective Beard found Paul Evins in the back bedroom adjacent to the opened back door. He was lying on the bed, fully clothed except for his shoes. Shonda Thomas, who was also fully clothed, was standing on the side of the bed. They were both brought into the living room and all the occupants were given their Miranda rights.
Detective Beard then advised Mr. Hawkins that there appeared to be "a felony in progress," and asked for permission to search his trailer and premises. Detective Beard explained what a "permission to search" was to Mr. Hawkins and then Officer Bob Smith with the Oakdale Police Department read the Permission to Search form to Mr. Hawkins. Mr. Hawkins was not intoxicated and appeared to be alert and aware of what was going on. He signed the Permission to Search form voluntarily and knowingly and stated that he understood what it was and had "nothing to hide." Mr. Hawkins further stated that Paul Evins had permission to use the trailer when he wanted but that Evins did not rent a room from him. If Evins wanted to use the trailer, Hawkins would lend him a key and Evins would then return the key to him. Mr. Hawkins said that Evins sometimes gave him money for cigarettes and things, but that Evins could use the trailer whether he paid him anything or not. Paul Evins did not keep his clothes there nor did he have a key.
The police seized from the interior of Hawkins' trailer contraband which included: two microwaves, boxes of baking soda, Pyrex cups, including one with a still hot cocaine cookie inside, six sandwich size baggies containing cocaine powder residue, a police scanner, a digital scale, and other plastic baggies.
Furthermore, as the police entered the front door, Ricky Hines fled out of the back door and was later apprehended by the police. Immediately after Hines exited the trailer, Mark Clemmons came running out of the trailer by the same back door carrying two paper bags. When he saw the police, he threw the bags down in Mr. Hawkins' backyard and continued to flee but was apprehended by the police. The contents of the bags were strewn from the back door across the yard. Seized from the yard were two Pyrex cups (one containing a cookie of "crack" cocaine not yet wrapped), and over 900 grams of "crack" cocaine in individually wrapped cookie form having a street value of over $100,000.00. A triple beam scale was also found in a shed on the Hawkins' trailer premises.
From the evidence seized at the Evins' trailer pursuant to a search warrant, 2 along with other information accumulated by the Allen Parish...
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