State v. Warner
State v. Warner
Opinion of the Court
Alex Warner, Jr. (defendant) was charged by bill of information with a violation of La.R.S. 40:967(C), for possession of Phenmetrazine (also known as Preludin), classified as a controlled dangerous substance in Schedule II C-3. He pled not guilty, waived trial by jury, and was tried along with three other defendants by the judge alone. He was found guilty and
ASSIGNMENT OF ERROR NUMBER FOUR
Defendant alleges that the trial court erred when it denied his motion for a directed verdict of acquittal.
FACTS
On November 24, 1980, pursuant to a search warrant, Stanley Bihm, a detective with the Baton Rouge Police Department, along with approximately eight other policemen, went to a residence owned by Wilbert Shephard located at 1642 North 23rd Street in Baton Rouge. Bihm and several other officers entered the house. Some went through the front door, some went through the back door, and others remained outside. Approximately thirteen people were found in the residence, four of whom were arrested and charged with possession of Phenmetrazine, including defendant. Bihm saw defendant as he went from the front room through the kitchen and into the middle bedroom. Bihm testified that defendant, when first seen by him, was leaning through a window
All of the contraband was secured and then tested by Jerry Harrison of the Louisiana State Police Crime Laboratory, who was qualified as an expert in analyzing substances for suspected narcotics. He testified that some of the contraband seized subject to the search contained Phenmetrazine. Specifically, his examination of the exhibit which contained a spoon and ten syringes revealed traces of Phen-metrazine on two syringes and the spoon. His examination of the pink tablets recovered from under the bed near the window revealed that they were Phenmetrazine.
At the close of the State’s case, the defendant’s motion for a directed verdict of acquittal was denied. Defendant took the stand in his own defense. On direct examination in response to his attorney’s question, “State 2,
When a defendant’s motion for directed verdict of acquittal is overruled at the close of the state’s case on review the appellate court may consider, in determining whether there is evidence of guilt, not
The applicable standard of review is whether or not, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could conclude that the essential elements of the crime were proved beyond a reasonable doubt. La.C.Cr.P. art. 821; State v. Korman, 439 So.2d 1099 (La.App. 1st Cir. 1983). Our review of this entire record reveals that defendant admitted possession of the syringes which were used by him for the purpose of taking drugs, two of which contained traces of Phenmetrazine according to the examination made at the State Police Crime Lab. The assignment of error is without merit.
Accordingly, defendant’s conviction and sentence are affirmed.
AFFIRMED.
.In the trial court defendant urged five assignments of error. However, his appeal does not address assignments 1, 2, 3 and 5. Accordingly, they are considered abandoned. Rule 2-12.4, Uniform Rules, Courts of Appeal, State of Louisiana; State v. Trevathan, 432 So.2d 355 (La. App. 1st Cir. 1983), writ denied (La. 1983).
. The window at one time looked out on a porch which had been enclosed and made into a bedroom.
. Defendant’s attorney was referring to State exhibit 2, the syringes and spoon.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.