State v. Arnold

STATE OF LOUISIANA Plaintiff-Appellee v. STEVEN ARNOLD Defendant-Appellant

No. 52,822-KA

COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA

August 14, 2019

Judgment rendered August 14, 2019. Application for rehearing may be filed within the delay allowed by Art. 992, La. C. Cr. P.

Appealed from the Forty-Second Judicial District Court for the Parish of DeSoto, Louisiana

Trial Court No. 16-CR-27869

Honorable Amy Burford McCartney, Judge

LOUISIANA APPELLATE PROJECT

By: Carey J. Ellis, III

Counsel for Appellant

GARY V. EVANS

District Attorney

KENNETH P. HAINES

Assistant District Attorney

Counsel for Appellee

Before PITMAN, STONE, and COX, JJ.

COX, J.

This criminal appeal arises from the 42nd Judicial District Court, DeSoto Parish, Louisiana. Steven Arnold was found guilty as charged of possession with intent to distribute methamphetamine and sentenced to 20 years' imprisonment at hard labor. Arnold now challenges his conviction on appeal. For the following reasons, we affirm his conviction and sentence.

FACTS

On July 8, 2016, the DeSoto Parish Narcotics Task Force executed a search warrant at 127 Quail Trail in Stonewall, Louisiana.¹ No one was at home when the Task Force arrived. During the search of the master bedroom, the agents recovered multiple plastic bags containing a total of 4.7 grams of suspected crystal methamphetamine and a loaded syringe of suspected liquid methamphetamine. The officers also recovered two digital scales, hundreds of extra plastic bags, butane burners, spoons, straws, and pipes. Some items were covered in residue suspected to be methamphetamine. Investigating officers obtained arrest warrants for two persons, Steven Arnold and Helen Meza.²

On August 23, 2016, a Steven Arnold, born July 22, 1962, with an address of 8974 W. Starwood Lane, Greenwood, Louisiana 71033, was charged by bill of information with two counts of distribution ofmethamphetamine and one count of possession of methamphetamine with the intent to distribute. Helen Meza was also charged on all three counts.

On September 25, 2017, a Steven Arnold, born July 22, 1962, with an address of 127 Quail Trail, Stonewall, Louisiana 71078, was charged by an amended bill of information with possession of a Schedule II, controlled dangerous substance, methamphetamine, in violation of La. R.S. 40:967(A)(1). The record reflects that, other than a motion for preliminary hearing, no other pre-trial motions were filed.

The evidentiary portion of the jury trial began before Judge McCartney on July 23, 2018, with opening statements. During the State's opening argument, the defense objected that the State made an improper reference to an envelope observed, but not seized, by investigating officers and asserted that the envelope constituted hearsay evidence. The State responded that the officer would be testifying about his observation of the envelope. Judge McCartney reminded the jurors that the opening statements did not constitute evidence, but did not formally rule on the defense's objection.

Agent Landon Williamson, with the DeSoto Parish Narcotics Task Force and the Shreveport Drug Enforcement Agency Task Force, testified that a search warrant was executed on July 8, 2016, at 127 Quail Trail, Stonewall, Louisiana. Agent Williamson testified that no one was at the residence at the time the SWAT team entered and cleared the home. Agent Williamson testified that he searched the master bedroom and found butane bottles on top of the nightstand, with burners attached, and razor blades. Inside the nightstand, Agent Williamson found numerous empty plastic bags, syringes, spoons, straws, and two digital scales, all of which hadresidue believed to be crystal methamphetamine. In the bottom drawer of the nightstand, Agent Williamson found a black case holding more plastic bags containing 4.7 grams of suspected crystal methamphetamine, a capsule with white material inside, and a syringe loaded with .3 milliliters of suspected liquid methamphetamine.

Agent Williamson testified that his investigation of the home led him to believe that Arnold lived there. Agent Williamson also testified that in the master bedroom of the home, he observed a piece of mail addressed to Steven Arnold at the 127 Quail Trail address. The defense attorney objected and Judge McCartney held a bench conference.

The defense objected that the envelope was inadmissible hearsay evidence because the envelope contained a "written assertion." The State responded that the envelope was "res gestae" and that the officer was merely testifying as to what he observed during the execution of the search warrant. The State argued that the testimony about the officer's observation of the envelope was to show that Arnold received mail there and that the mail was found on the premises, not to establish that the envelope was evidence that Arnold lived there. The State contended that the envelope created an inference that Arnold was connected with the residence where the drugs and paraphernalia were found. Judge McCartney overruled the hearsay objection and found that the testimony was admissible. The defense attorney objected to the ruling.

Agent Williamson identified in court all of the items that were seized from the master bedroom (introduced into evidence as State's Exhibits 1, 2, 3, and 4). He stated that the suspected liquid methamphetamine found in the loaded syringe was transferred into a vial for safe transfer to the crime lab.

Agent Williamson testified that Arnold contacted him by phone and asked what his options were. Agent Williamson stated that he told Arnold he needed to turn himself in, and Arnold replied that he could not do that. There was no indication of whether or not the phone call was recorded. Arnold was later arrested by U.S. Marshals on July 13, 2016. Agent Williamson identified Arnold in court.

On cross-examination, Agent Williamson testified that the envelope he saw addressed to Arnold at 127 Quail Trail was not seized and not logged into evidence. Agent Williamson testified that a photograph was taken of the envelope, but the photograph was not brought to court. He could not recall the sender or the postmark date on the envelope. Agent Williamson also testified that he did not observe or seize any other evidence from inside the residence that had Arnold's name on it. He confirmed that the officers did not find any vehicle at the residence registered in Arnold's name. The officers did not attempt to obtain fingerprints or DNA because that was not commonly done when executing search warrants. Agent Williamson testified that the only physical evidence he had linking Arnold to the residence was the envelope that he observed but did not seize.

Donna Richardson testified that she knew Arnold through her employment and she identified Arnold in court. Richardson also testified that she was aware that Arnold resided at 127 Quail Trail because she verified it through her employment. On cross-examination, Richardson testified that she began working for her current employer in 2002 and that she became an agent in 2011. Richardson testified that she personally met Arnold at 127 Quail Trail one time and there was a car in the driveway, but she did not know who owned the vehicle. Richardson testified that sheconcluded that Arnold lived there because there were four to five dogs there and that Arnold told her that the dogs belonged to him.

Deputy Jason Goff, with the DeSoto Parish Sheriff's Department narcotics division, testified that he prepared the evidence transfer sheet that accompanied the evidence sent to the North Louisiana Crime Lab for testing of the suspected crystal methamphetamine. Deputy Goff identified State's Exhibits 5 and 6 as the evidence transfer sheets. Deputy Goff did not participate in the raid.

Bruce Stentz, with the North Louisiana Crime Lab, was accepted as an expert in forensic chemistry. Stentz identified State's Exhibits 1 and 3, the items that he tested and found positive for methamphetamine. The items tested included multiple resealable plastic bags containing a white powder; a clear capsule containing white material; and, a plastic bottle with a vial inside that contained liquid. Stentz identified State's Exhibit 7 as the certified lab report that he prepared after his tests and analysis. Stentz testified that the drugs were not weighed because the amount of the drugs seized was not above a specific threshold amount and he was not required to weigh the drugs. At the time of Arnold's 2016 offense, the threshold was 28 grams because that was the point at which the penalty increased.

On the second day of trial, the defense attorney moved for a mistrial on grounds that if the envelope was determined to be hearsay evidence on appeal, then the State's reference to the envelope during the opening arguments was an improper reference to inadmissible evidence that would trigger a new trial. The State again asserted that the testimony about the envelope was only offered as evidence of what the officer observed during the execution of the search warrant. Judge McCartney denied the motion formistrial, noting that she had already addressed the issue of whether or not the envelope constituted hearsay evidence.

Carl Townley, a former supervisor with the Caddo-Shreveport Task Force, was accepted as an expert in narcotics investigation and packaging and the use and sales of narcotics. Townley testified that he had reviewed the reports and evidence seized in the case. Townley reviewed the items seized in court and noted drug paraphernalia common to distribution: the multiple small bags containing methamphetamine, the two digital scales, and 224 unused plastic bags (for use as packing materials). He also noted the straws, the spoons with residue on them, the butane bottles with burners, and the syringe that had been loaded with liquid methamphetamine.

Townley opined that it was not unusual to find personal drug use items in a dealer's house because the methamphetamine users...