State v. Wade

• Court: Court of Appeal of Louisiana
• Writing for the Court: HUNTER, J.
• Citation: State v. Wade, 328 So.3d 546 (La. App. 2021)
• Decision Date: 22 September 2021
• Docket Number: No. 53,978-KA,53,978-KA
• Parties: STATE of Louisiana, Appellee v. Antonio L. WADE, Appellant

328 So.3d 546

STATE of Louisiana, Appellee

v.Antonio L. WADE, Appellant

No. 53,978-KA

Court of Appeal of Louisiana, Second Circuit.

Judgment rendered September 22, 2021

LOUISIANA APPELLATE PROJECT, Monroe, By: Peggy J. Sullivan, Counsel, for Appellant

JOHN F. BELTON, District Attorney, CLIFFORD R. STRIDER, III, JUDITH L. HAMPTON-KOZIK, Assistant District Attorneys, Counsel, for Appellee

Before STONE, COX, and HUNTER, JJ.

HUNTER, J.

The defendant, Antonio Wade, was charged by bill of information with possession of a firearm by a convicted felon, in violation of La. RS. 14:95.1, and possession of a Schedule I Controlled Dangerous Substance ("CDS") (marijuana) with intent to distribute, in violation of La. R.S. 40:966(A)(1). Following a jury trial, the defendant was found guilty as charged of possession of a firearm by a convicted felon. He was also found guilty of a lesser drug offense, possession of marijuana, a violation of La. R.S. 40:966(C). On the firearm conviction, the trial court sentenced the defendant to serve 12 years at hard labor without the benefit of probation, parole, or suspension of sentence, and 15 days in jail on the possession of marijuana conviction. Additionally, the trial court imposed a $1,000.00 fine, plus court costs, and ordered the defendant to serve six months in the parish jail in default of payment. For the following reasons, we affirm the defendant's convictions. However, we amend the sentences to vacate the portion ordering jail time in default of payment of a fine and costs, and we affirm the sentences as amended.

FACTS

On September 11, 2017, Trooper Matt Jones, Jr., of the Louisiana State Police Department's Criminal Investigations Division, received an anonymous tip that a person known as "T-Money" was selling narcotics in Sterlington, Louisiana. The tipster also stated T-Money lived on Lone Star Road in Sterlington and drove a white Chevrolet Avalanche. Trooper Jones knew, from prior experiences, the defendant, Antonio Wade, was known by the street name, "T-Money," and lived at 134 Lone Star Road in Sterlington. He also had knowledge of the defendant's criminal history.

On September 12, 2017, Trooper Jones drove past the defendant's residence and observed a gray Chevrolet Impala parked in the yard. As he was leaving the area, he observed the defendant driving a white Chevrolet Avalanche. Subsequently, on September 19, 2017, Trooper Jones conducted a registration check of the gray Impala and discovered the vehicle had been reported stolen in Ouachita Parish. The following day, Trooper Jones drove past the defendant's residence and observed the Impala in the yard and the Avalanche in the driveway. Trooper Jones contacted the Ouachita Parish Sheriff's Office and learned the investigation regarding the stolen Chevrolet Impala remained active.

Trooper Jones began conducting intermittent surveillance of the defendant's residence by periodically driving past. He did not observe any suspected drug transactions; however, he noticed the stolen Impala remained parked at the residence. On October 24, 2017, Trooper Jones obtained a warrant to search the defendant's residence for documents related to the stolen vehicle.

On October 31, 2017, Trooper Jones, accompanied by other law enforcement officers, went to the defendant's home to execute the search warrant. When they arrived, they observed the Impala and the Avalanche parked at the residence. The officers knocked on the door, but no one answered. The officers entered the residence and encountered the defendant. During a protective sweep of the residence, the officers observed a loaded Smith & Wesson 9mm handgun lying on a bed in plain sight. During the search of the premises, the officers discovered multiple firearms in a gun safe in the house. The defendant informed the officers the 9mm handgun belonged to his wife and was kept in the home "for protection." He also stated he had inherited the other guns from his grandfather. When asked whether there were any illegal substances in the house, the defendant informed the officers of the presence of marijuana in a cabinet under the kitchen sink. The officers discovered marijuana in the location the defendant had disclosed.

During the search of the residence, the officers discovered and confiscated approximately 1.15 pounds of marijuana, three loaded handguns, two loaded rifles, and one unloaded rifle. Additionally, the officers ascertained the Impala parked in the yard was the vehicle which had been reported stolen in Ouachita Parish.

The defendant was transported to the Union Parish Detention Center and was initially charged with possession of marijuana with intent to distribute, possession of stolen things, possession of a firearm by a convicted felon, and possession of firearms in the presence of controlled dangerous substances.¹ Thereafter, he was charged by bill of information with possession of a firearm by a convicted felon, a violation of La. R.S. 14:95.1. The bill was later amended to add a charge of possession of marijuana with intent to distribute, a violation of La. R.S. 40:966(A)(1).²

A jury trial was held on February 24, 2020. During the trial, Trooper Jones testified with regard to the events pertaining to the investigation, the search of the defendant's residence, and the defendant's arrest. During his testimony on cross-examination, Trooper Jones stated he had known the defendant since they were in high school. He also testified the defendant did not have any drugs or weapons on his person at the time of his arrest, and the search did not reveal any digital scales or large sums of cash. The officer further testified he never observed any narcotics transactions during his surveillance of the defendant's residence.

Trooper Casey Lavelle Williamson also testified at trial. He stated at the time of the search and arrest at issue, he was a supervisor for the criminal patrol unit at Troop F of the Louisiana State Police Department. Trooper Williamson testified he was present during the search of the defendant's residence. He stated he and other officers entered the residence and conducted a sweep of each room "and made sure no one was hiding in any closets or underneath the bed[.]" During the sweep, Trooper Williamson stated he observed a gun "laying on top of the bed" in one of the bedrooms. Furthermore, Trooper Williamson testified he and the other officers recovered additional firearms from a safe inside the residence. He also declared he heard the defendant state marijuana was located in one of the kitchen cabinets, and he was present when the marijuana was found.

Trooper Zach Crooks also testified. He stated he was a Louisiana State trooper assigned to a task force working in conjunction with the Federal Drug Enforcement Administration ("DEA"). He was accepted by the trial court as an expert "in the field of the sale and methods and the distribution of marijuana." Trooper Crooks testified marijuana is typically sold in small quantities. For example, one "dime bag" of marijuana has a general street value of $10.00. According to Trooper Crooks, the street value of one pound of marijuana is approximately $6,840.00, depending on the potency of the drug. He testified the method of the drug's packaging indicates whether or not it is being sold. He also stated when marijuana is packaged in large bags, it is an indication "it just hasn't been broken down yet." Trooper Crooks further testified people who use marijuana for personal use typically do not purchase it in large quantities. He also stated it is not unusual for marijuana dealers to possess firearms to protect themselves from robbery attempts.

With regard to the search in this case, Trooper Crooks testified he was present when the defendant's residence was searched. He stated some of the marijuana found was packaged in one-ounce bags, which was an indication that someone had used a scale to weigh it. However, he admitted the officers did not find a scale during the search of the defendant's residence. Trooper Crooks described the amount of marijuana found in this case as "significant," and was "more than a person keeps around for personal use."

After the presentation of the state's case, the defense rested without calling any witnesses or presenting any evidence.

After the jury deliberated, the defendant was found guilty as charged of possession of a firearm by a convicted felon. He was also found guilty of a lesser drug offense, possession of marijuana, as opposed to possession with intent to...