State v. LaPlante
| Decision Date | 07 August 2002 |
| Docket Number | No. 21993, No. 21999. |
| Citation | 650 N.W.2d 305,2002 SD 95 |
| Parties | STATE of South Dakota, Plaintiff and Appellee, v. Richard Lynn LAPLANTE, Defendant and Appellant. State of South Dakota, Plaintiff and Appellee, v. Carolyn Susan Laplante, Defendant and Appellant. |
| Court | South Dakota Supreme Court |
Mark Barnett, Attorney General, Michele K. Bennett, Assistant Attorney General, Pierre, for plaintiff and appellee.
Gary Conklin, Rapid City, for defendant and appellant Richard LaPlante.
Steven Binger, Sioux Falls, Randall D.B. Tigue, Minneapolis, MN, for defendant and appellant Carolyn LaPlante.
[¶ 1.] Carolyn and Richard LaPlante (Carolyn, Richard, or LaPlantes) appeal from their convictions of maintaining a place for the purpose of using, keeping, or selling controlled substances in violation of SDCL 22-42-10.1 LaPlantes' convictions arose out of their three sons' involvement in drug activity in the family home. Carolyn and Richard raise a number of issues on appeal. We address their challenge to the sufficiency of the evidence to support their convictions, and the introduction of marijuana and firearm evidence. We affirm.
[¶ 2.] At all times material to this case, Richard and Carolyn lived in a split-level home in Sioux Falls. Their three sons (Jesse, age 21; Tyler, age 19; and Jared, age 17) also resided in the home. The boys' bedrooms were on the lower level, LaPlantes' bedroom was on the upper level, and there was an open stairway between the two. The lower level also contained a number of common areas including a television room (hereinafter referred to as Jesse's television room), a furnace room, a storage room, and a family room.
[¶ 3.] Carolyn, Richard, and their sons all used the lower level. Although the extent of that use was in dispute, there is no dispute that Carolyn collected laundry from the lower level, and Richard would often watch movies in the family room. Additionally, Carolyn's teacher supplies and household storage items were located in the storage room, the furnace and related items were in the furnace room, and a large screen television was in the family room. In order to access any of these common areas, LaPlantes would have to walk by two or all three of the boys' rooms.
[¶ 4.] The evidence reflects that the LaPlante family problem with drugs started as early as 1994. In 1994 and 1996 Jesse was arrested on drug charges. Carolyn was called to the police station following the 1996 arrest. The police told Carolyn that Jesse had been using methamphetamine. Having worked as a school district drug prevention advisor, Carolyn was aware that methamphetamine was an extremely addictive drug.
[¶ 5.] Obviously concerned, Carolyn arranged for Jesse to attend drug treatment. Although Jesse completed the treatment program, he did not complete the recommended aftercare. Instead, Jesse started private counseling and was placed on an antidepressant. As a result of this and other conduct, Richard acknowledged that "we always kept a little bit more of an eye on Jess."
[¶ 6.] The drug problems continued in 1998, when the Sioux Falls police received numerous calls from neighbors complaining about short-term traffic at LaPlantes' home. The police officers subsequently monitored the home. During the monitoring, they observed a man leave. The officers searched him and discovered marijuana on his person.
[¶ 7.] As a result of these events, two police officers conducted what they described as a "knock and talk" at LaPlantes' home. During that visit, the officers specifically informed Richard and Carolyn of the numerous calls the police had received about the short-term traffic. They also informed Richard and Carolyn that the police suspected that drugs were being sold from the home. Although the officers asked for permission to search the home, LaPlantes declined to give their consent. Before leaving, the officers told the LaPlantes that if drugs were being sold from their house, they could face civil and criminal penalties.
[¶ 8.] In early 2000, the police began receiving information that ultimately led to a search of LaPlantes' home. The affidavit in support of the search warrant reveals that a confidential informant alleged that he had purchased ecstasy (a controlled substance) from another informant who had purchased the ecstasy from Jesse at LaPlantes' home. Another informant disclosed that she had sold Jesse a gram and Jesse's brother 1/8th ounce of cocaine in LaPlantes' home.
[¶ 9.] As a result of this information, the police obtained and executed a search warrant. All of the officers who entered the home testified that they smelled the odor of burning marijuana. Although no burning marijuana was discovered,2 controlled drug paraphernalia (including methamphetamine and cocaine residue) were found in plain view in the lower level. Controlled drugs, controlled drug paraphernalia, marijuana, marijuana paraphernalia, and other items used in the drug trade were also found concealed in the boys' bedrooms, the furnace room, and Jesse's television room.
[¶ 10.] The evidence that was removed from the lower level of the home included:
[¶ 11.] This evidence was found in the following specific locations: Jesse's bedroom and Jesse's television room contained various items of marijuana smoking paraphernalia and various items associated with controlled substances, including spoons, a snorting device, a plastic dish, razor blades with a powdery substance, syringes, and approximately 8.4 grams of methamphetamine. One spoon was in plain view under a coffee table. A syringe was also found in plain view behind a chair. The spoons, plastic dish, and syringes tested positive for either cocaine or methamphetamine. Officer Mundt testified that additional syringes were observed in plain view in a wastebasket, but they were not seized and entered into evidence as exhibits.3
[¶ 12.] The following exhibits were found in Tyler's room: a safe containing a notebook that listed names and dollar amounts ("owe sheets"), an assault rifle, a SIG-Sauer handgun and ammunition, a bulletproof vest, a quarter pound of marijuana, a triple beam scale, and various marijuana pipes. The Glock handgun was found loaded under Tyler's bed pillow.
[¶ 13.] The following exhibits were found in Jared's room: a small scale, case, marijuana seeds and residue in bags. The police also found another scale and a "one-hitter" with marijuana residue on Jared's person.
[¶ 14.] After the search, Sergeant Mundt interviewed Richard and Carolyn. Although there is a dispute concerning the conversation, Sergeant Mundt testified that Richard admitted that he knew that there were drugs in the house.4 Mundt testified that Richard said he had told the boys "to get it out." Richard, however, also said, "they're my boys, what can I do?"
[¶ 15.] On April 2, 2001, a jury found Richard and Carolyn guilty of violating SDCL 22-42-10. LaPlantes were sentenced to four years in the state penitentiary. Their sentences were suspended on a number of conditions. One condition was that they keep their home free of marijuana and controlled substances for four years.
[¶ 16.] We address the following issues:
[¶ 17.] (1) Whether there was sufficient evidence for a jury to find that LaPlantes knew of the use, storage, or sale of controlled substances in their home, and whether they knowingly maintained a place where controlled substances were used, kept or sold.
[¶ 18.] LaPlantes make a three-part argument challenging the sufficiency of the evidence to support the jury's finding that LaPlantes had knowledge of "controlled substances" in the home and the finding that they knowingly maintained a place for "controlled substance" use, storage, or sale. LaPlantes argue: (a) that the marijuana evidence was insufficient to sustain the convictions; (b) that the remaining evidence only reflected "limited" controlled substance use for the personal consumption of the boys, and therefore the controlled drug evidence was insufficient to sustain the convictions; and (c) that they had insufficient knowledge of the use, storage, or sale of controlled substances in the home to sustain the convictions.
[¶ 19.] We first address the standard of review. "In determining the sufficiency of...
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State v. Deneui
...under SDCL 22-42-10 cannot be sustained when the possession is a mere isolated, personal use of the controlled substance. See State v. LaPlante, 2002 SD 95, ¶ 23, 650 N.W.2d 305, 311. Here, however, the totality of the circumstances supports the defendant's conviction. During the search of ......
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State v. Mulligan
...Therefore, this Court does not resolve conflicts in the evidence, or pass on the credibility of witnesses, or weigh the evidence. State v. LaPlante, 2002 SD 95, ¶ 19, 650 N.W.2d 305, 310 (internal citations omitted). Thus, "[a] guilty verdict will not be set aside if the state's evidence an......
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...2010 S.D. 78, ¶ 12, 790 N.W.2d at 40. "The State may ... prove all elements of an offense through circumstantial evidence." State v. Laplante, 2002 S.D. 95, ¶ 30, 650 N.W.2d 305, 312. However, "[v]erdicts cannot be allowed to rest on mere suspicion, or upon a state of facts not shown to exi......
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State v. Fischer
...2010 S.D. 78, ¶ 12, 790 N.W.2d at 40. "The State may ... prove all elements of an offense through circumstantial evidence." State v. Laplante, 2002 S.D. 95, ¶ 30, 650 N.W.2d 305, 312. However, "[v]erdicts cannot be allowed to rest on mere suspicion, or upon a state of facts not shown to exi......