State v. Washington
State v. Washington
Opinion of the Court
The Defendant, James Washington, was charged by bill of information with a violation of LSA-R.S. 40:966, possession of marijuana with the intent to distribute. His first trial was declared a mistrial when the jury announced they were dead-locked. At a second trial he was found guilty as charged by a twelve member jury. Washington was sentenced to serve five years at hard labor. He now appeals, asking this court to review the record for errors patent.
At trial NOPD Officer Bruce Harrison of the Special Operations Division testified that on November 15, 1987, he and a partner were working in the 1300 block of Ferry Place
NOPD Officer Steve Hartman testified that he was Officer Harrison’s partner on November 15,1987, when they arrested the defendant. Officer Hartman was acting as backup during the surveillance. He stayed behind Harrison and kept a look-out. However, Hartman said he saw the defendant approach the red Toyota and then walk behind the car. At the time of the arrest Officer Hartman recovered two one dollar bills from Washington’s pocket.
Miriam Burbank testified for the defense that she lived on Ferry Place in November of 1987. On the night in question she was on her front porch when the officers’ car came down the street, picked up the defendant and turned the corner. She said that Washington had not been flagging down cars or selling marijuana. Shirley Franklin testified that she lived at 1302 Ferry Place in November of 1987 and that the defendant and her brother, Herman, were standing on her porch talking that evening. She declared that she did not see Washington flag down cars or sell marijuana.
As per State v. Troy Benjamin, this Court has performed an independent, thorough review of all the pleadings filed in the district court, all minute entries of the district court proceedings, the bill of information and all transcripts contained in the appeal record. The defendant was properly charged by bill of information with a violation of LSA-R.S. 40:966 and the bill was signed by an assistant district attorney. The defendant was present and represented by counsel at arraignment, all motion hearings, jury selection, trial and sentencing. A review of the trial transcript reveals that the State proved every essential element of possession of marijuana with the intent to distribute beyond a reasonable doubt. The sentence of five years is legal in all respects. Our independent review reveals no non-frivolous issues and a review of all transcripts contained in the appeal record reveals no trial court ruling which arguably supports the appeal. Accordingly, the defendant’s conviction and sentence are affirmed. Appellant counsel’s motion to withdraw is granted.
AFFIRMED.
. Ferry Place is called Ferry Street occasionally. However, it is described as a one block street between Willow St. and Plum St.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.