State v. Roberson

• Citation: 81 So.3d 911
• Decision Date: 14 December 2011
• Docket Number: No. 46,697–KA.,46,697–KA.
• Parties: STATE of Louisiana, Appellee v. Graley ROBERSON, Appellant.
• Court: Court of Appeal of Louisiana (US)

81 So.3d 911

STATE of Louisiana, Appellee
v.
Graley ROBERSON, Appellant.

No. 46,697–KA.

Court of Appeal of Louisiana, Second Circuit.

Dec. 14, 2011.

[81 So.3d 914]

Louisiana Appellate Project, by Bruce G. Whittaker, Paula C. Marx, for Appellant.

Charles R. Scott, II, District Attorney, Tommy J. Johnson, Dhu Thompson, Assistant District Attorneys, for Appellee.

Before WILLIAMS, STEWART and CARAWAY, JJ.

STEWART, J.

[2 Cir. 1] The defendant, Graley Roberson, was convicted of possession of 400 grams or more of cocaine, a Schedule II controlled dangerous substance, in violation of La. R.S. 40:967. He was adjudicated a second felony offender and sentenced to 15 years' imprisonment, without benefit of probation, parole, or suspension of sentence. The defendant appeals. For the reasons discussed below, the defendant's conviction and sentence are affirmed.

FACTS

On March 1, 2007, Agent Darin Marshall of the Caddo Parish Sheriff's Office obtained search warrants for 500 West 65th Street and 440 Gravois Drive, which are both located in Shreveport, Louisiana. The warrants were obtained pursuant to an affidavit executed by Marshall in which he detailed four controlled drug buys conducted between a confidential informant and the defendant under surveillance. These controlled drug buys took place on January 10, 2007, January 23, 2007, February 16, 2007, and March 1, 2007. In each instance, the defendant was observed departing from and/or returning to one of the aforementioned residences when traveling

[81 So.3d 915]

to/from the prearranged location of the controlled drug buy.

The execution of the search warrants took place on March 1, 2007. Prior to entering the homes, the officers observed the defendant leave the residence at 500 West 65th Street, and followed him to a residence located on Woodrow Street. When he pulled into the driveway, the officers approached the defendant, who admitted that he had drugs in the trunk of a vehicle parked at his mother's home at 508 West 65th Street. The defendant [2 Cir. 2] was patted down and found to be in possession of two plastic baggies of suspected cocaine. The defendant was then transported to his mother's residence in a patrol vehicle. The defendant led the officers to a vehicle located behind 508 West 65th Street and opened the trunk, whereby the officers discovered a cooler containing several bags with a substance inside which field tested positive for cocaine. The baggies weighed approximately 725 grams. Subsequent searches of 500 West 65th Street and 440 Gravois Drive yielded assorted drug paraphernalia and documents relating to suspected drug activity. Roberson was subsequently arrested.

On April 4, 2007, Roberson was charged, via bill of information, with one count of possession of 400 grams or more of cocaine, a Schedule II controlled dangerous substance, in violation of La. R.S. 40:967(F)(1)(C). On October 18, 2007, defendant filed a motion to suppress which came for hearing on November 8, 2007.

At the hearing, the state relied on the testimony of Officers Christopher Bane, C.L. Lindsay, Randy Benton, David Recchia, and Case Agent Darin Marshall, five of the nine officers who assisted in the execution of the warrants on March 1, 2007. Marshall, the case agent, testified that he asked Bane to make contact with the defendant while he was away from the property, since his investigation of the defendant indicated a history of gun possession, which might pose a danger during the operation. Marshall also indicated that by making contact, officers might be able to obtain keys to the residences and avoid any property damage that would result from forced entry.

[2 Cir. 3] After Officer Christopher Bane made contact with the defendant, Marshall arrived shortly thereafter. Marshall promptly advised him of his Miranda rights and informed him that he was a suspect in an investigation, for which Marshall had obtained search warrants. He told the defendant that he “knew” about West 65th Street and Gravois Drive. Marshall denied threatening, inducing or coercing the defendant into providing any information. Nevertheless, Marshall testified that the defendant responded to this information by stating that he did not want his mother involved and admitting that he had “fourteen ounces of bad dope and nine ounces of good dope.” The defendant then agreed to show Marshall where the drugs were located.

Marshall testified the defendant was also searched on officer safety grounds. The search was conducted by Officer C.L. Lindsay, who testified that the search was conducted because he was about to transport the defendant in his patrol unit to the 500 West 65th Street address, and he wanted to ensure the defendant did not have any weapons. When the defendant got nervous during the pat-down, Lindsay asked him if he had anything illegal or any weapons on his person. He admitted to having “dope” in the front left pocket of his overalls, where Lindsay found 31 grams of suspected cocaine and approximately $1,500.00 in currency.

Lindsay then transported the defendant, who was not handcuffed, in his police vehicle to 500 West 65th Street. Once at the

[81 So.3d 916]

residence, the defendant led Marshall, Recchia and Benton to a vehicle behind the residence next door bearing the address 508 West 65th Street. The residence [2 Cir. 4] belonged to defendant's mother, but Marshall testified that he was unaware of this fact at the time the search warrants were obtained, or at the time the defendant was questioned on Woodrow Street. When they arrived at the vehicle behind the residence, Marshall handed the defendant his keys, and the defendant used them to open the trunk of the vehicle. Once it was open, the defendant pointed at a cooler located in the trunk and told detectives, “That's all I've got.” Inside the cooler, detectives found a coffee can and some plastic baggies containing approximately 725 grams of suspected cocaine.

Officer Randy Benton testified that he was present when the trunk of the vehicle parked behind 508 West 65th Street was opened. He stated that once the trunk was opened, the defendant pointed to an Igloo cooler and said “that's all the narcotics I had [ sic ].” Benton asserted that he subsequently searched the rest of the vehicle with the defendant's consent and found a red and beige tackle box containing drug paraphernalia such as plastic baggies, spoons and “possibly” a scale. While Benton participated in the subsequent search of 500 West 65th Street, he testified that he did not personally locate any items of contraband during that search.

Officer David Recchia testified that he also came in contact with the defendant at 500 West 65th Street. Recchia indicated he witnessed Marshall advising the defendant of his Miranda rights. According to Recchia, the defendant then led Marshall to the vehicle parked behind 508 West 65th Street where he provided the defendant with his keys. The defendant then used the keys to open the trunk of the vehicle and informed the officers that [2 Cir. 5] the drugs were in an Igloo cooler in the trunk. Recchia further testified that a digital scale was found in the trunk and that a tackle box with drug paraphernalia was also recovered from the vehicle.

Recchia testified that after the search of the vehicle, the defendant was taken inside the 500 West 65th Street residence where he was again advised of his Miranda rights. Defendant proceeded to answer numerous questions posed by Recchia, admitting that he “cooked” the “crack” himself using a coffee cup and the microwave. Defendant also admitted that he would buy the raw drugs in Dallas and ship them to his residence using a female's name as the addressee. Recchia then went next door and talked to the defendant's mother in an effort to obtain consent to search her home, which she refused to give. Both Recchia and Benton testified that no threats or inducements were made toward the defendant in order to obtain information about the location of drugs.

The defendant's mother, Lillian Roberson, testified that she lived at 508 West 65th Street and that the Oldsmobile Delta 88, which officers searched that day, belonged to her. She stated that at no point did she give consent for anyone to search the vehicle or her property. On cross-examination, however, she admitted that she no longer drove and that the defendant used the vehicle and had a key to it.

The defendant testified that the house on Woodrow Street where he was confronted by law enforcement belonged to Michael Mitchell, an individual performing renovation work for him on a residence where the defendant's estranged wife was living. Because of his physical infirmities, [2 Cir. 6] the defendant had remained in the car and was in the process of calling Mitchell to get him to come out and talk to him when Bane knocked on his window and asked him to step out of the vehicle. Bane

[81 So.3d 917]

then asked for the defendant's driver's license, which he produced. Defendant also asserted that Bane then asked him to empty his pockets and questioned him about where he was going.

Defendant testified that shortly after he had been approached by Bane, Agent Marshall arrived and told the defendant, “You can either make this easy or make this hard. I know you got a package.” Agent Marshall continued by telling the defendant that he had three search warrants, one for defendant's house, one for his girlfriend's house, and one for his mother's house. According to defendant, he was told to “think about it” and was then transported to 500 West 65th Street.

When they arrived at 500 West 65th Street, defendant led the officers into his residence through the back door. Once inside, the defendant asserted that Marshall told him that “if I gave [Agent Marshall] what he wants” that he would not go “next door.” Concerned about his mother's health and that Agent Marshall might arrest her, the defendant told Agent Marshall he would show him where “it” was in the backyard. The...