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State v. Wooten

Court of Appeal of Louisiana, Second Circuit

April 15, 2015

STATE OF LOUISIANA, Appellee
v.
WILLIAM GENE WOOTEN, Appellant

Page 938

[Copyrighted Material Omitted]

Page 939

Editorial Note:

This Decision is not final until expiration of the fourteen day rehearing period.

Appealed from the Fourth Judicial District Court for the Parish of Ouachita, Louisiana. Trial Court No. 13-F0782. Honorable B. Scott Leehy, Judge.

LOUISIANA APPELLATE PROJECT, By: Paula C. Marx, Counsel for Appellant.

JERRY L. JONES, District Attorney, MICHAEL J. FONTENOT, Assistant District Attorney, Counsel for Appellee.

Before BROWN, STEWART & PITMAN, JJ.

OPINION

Page 940

[49,710 La.App. 2 Cir. 1] PITMAN, J.

Defendant William Gene Wooten pled guilty to possession of methamphetamine and was sentenced to serve five years' imprisonment at hard labor, with credit for time served. He appeals his conviction and sentence. For the following reasons, we affirm Defendant's conviction and sentence.

FACTS

On March 16, 2013, officers of the Metro Narcotics Unit of West Monroe were told by a confidential informant that methamphetamine was being sold out of a residence located in a mobile home park called Sunshine Estates on Highway 3033 in West Monroe. Defendant and others lived at the mobile home. The informant had been inside the home within the 24 hours prior to the report and had seen paraphernalia used in the manufacture of methamphetamine. After a controlled buy was conducted there, the officers obtained a search warrant for the residence.

Defendant was present when the officers arrived to execute the search warrant. During a safety pat down, officers observed a syringe in Defendant's front pants pocket containing a liquid that the officers believed to be methamphetamine. Defendant told them it " probably was" methamphetamine, which was later confirmed by crime lab tests. Inside the residence, officers found money, guns, syringes, spoons, cotton tips, empty baggies, digital scales and numerous baggies of different sizes that contained suspected methamphetamine. A field test was positive for methamphetamine, and over 86 grams were recovered from a closet inside the residence.

Defendant was arrested and charged with one count of possession of a [49,710 La.App. 2 Cir. 2] Schedule II controlled dangerous substance, methamphetamine, in violation of La. R.S. 40:967, and one count of possession of drug paraphernalia, in violation of La. ...


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