Appealed from the Eighth Judicial District Court for the Parish of Winn, Louisiana. Trial Court No. 43130. Honorable Jacque Derr, Judge.
DOUGLAS L. HARVILLE, Counsel for Appellant.
RICHARD C. NEVILS, District Attorney, STEVEN D. CREWS, Assistant District Attorney, Counsel for Appellee.
Before WILLIAMS, DREW and GARRETT, JJ.
[49,637 La.App. 2 Cir. 1] The defendant, Kendrick D. Fountain, was charged by bill of information with possession of a Schedule I controlled dangerous substance (marijuana) with intent to distribute, a violation of LSA-R.S. 40:966, possession of a Schedule IV controlled dangerous substance (Xanax) with intent to distribute, a violation of LSA-R.S. 40:969, and possession of a firearm by a convicted felon, a violation of LSA-R.S. 14:95.1. Pursuant to a plea agreement, the defendant pled guilty to possession of Xanax. In exchange for the defendant's guilty plea, the state agreed that the defendant would receive a sentence of five years at hard labor. The state also agreed not to file a habitual offender bill of information and to dismiss the other charges. Thereafter, the defendant was sentenced to serve five years at hard labor. For the following reasons, we affirm.
On January 29, 2014, Officer Brady Attaway, of the Winnfield Police Department, received a call in reference to loud music coming from an older model green vehicle on Clay Street in Winn Parish; Officer
Attaway responded to the call. As he approached the vehicle, he recognized the driver as Fernando Deloach (a/k/a " JJ Rainwater" ). Deloach, who had multiple active felony warrants for his arrest, fled when Officer Attaway attempted to arrest him. The officer chased Deloach until he ran into the rear entrance of a house located at 127 Clay Street. Fearing for his safety, Officer Attaway went around to the front of the house, sought shelter behind a white Crown Victoria vehicle parked in front of the house, and called for [49,637 La.App. 2 Cir. 2] backup. While waiting for his fellow police officers to arrive, Officer Attaway watched as the defendant opened the front door of the house and looked out for approximately 30 seconds. Officer Attaway stated that he recognized the defendant; he had been informed by the defendant's probation officer that the defendant also had outstanding felony warrants for his arrest. Officer Attaway further testified that the sheriff's office confirmed that the defendant had active felony warrants for his arrest. Based on this knowledge, the officer yelled out to the defendant, who immediately slammed and locked the door. However, while the defendant had the door open, Officer Attaway testified that he saw Deloach standing inside the residence near the back door.
Sgt. Terrance Triplet and two other police officers responded to the call to the scene. Sgt. Triplet assisted Officer Attaway in obtaining entry through the front door. When the officers entered the home, Officer Attaway went into the first bedroom on the right and found the defendant hiding under the bed. Subsequently, the defendant came from underneath the bed and was arrested. The officer then asked the defendant if anyone else was in the house; the defendant responded, " No." Officer Attaway requested consent to search the house to locate Deloach. According to the officer, the defendant responded, " Man I don't have sh** in here. Go ahead [and] search." While searching for Deloach in a bedroom in the back of the house, Officer Attaway noticed a large hole in the floor with a bag containing a green leafy substance sticking out of the hole, but did not investigate further. After the police officers failed to find Deloach inside the house, Officer Attaway asked the defendant if he could search for any illegal [49,637 La.App. 2 Cir. 3] items Deloach may have left behind. The defendant agreed, repeating two additional times, " You can search my house. I do not have anything in here." When Officer Attaway asked whether Deloach could have left illegal items in the house, the defendant repeated that Deloach had not been in his house.
The defendant was then taken outside to Officer Attaway's police cruiser to wait with another police officer while the search was conducted. In the bedroom where the defendant had been hiding, Officer Attaway saw a cigarette pack sitting on top of a cabinet, along with a set of scales. He opened the pack and found " twenty or ten" twenty-dollar bills and approximately fifteen white oblong pills, which were later identified as Xanax. Officer Attaway then searched the back bedroom and found a .38 caliber revolver under a mattress, a backpack with " some baggies, [and] some weighing scales with suspected marijuana residue on them." Officer Attaway also secured the green leafy substance he had seen earlier on the floor; the substance was later identified as marijuana. Thereafter, Officer Attaway proceeded to the kitchen, where he had seen Deloach standing earlier. He opened the refrigerator and discovered a 9mm Hi-point firearm inside; he then opened the microwave oven and found a loaded magazine.
The defendant was placed under arrest and charged with the following offenses: (1) possession ...