from the First Judicial District Court for the Parish of
Caddo, Louisiana Lower Court Case No. 333370 Honorable
Charles Gordon Tutt, Judge.
LOUISIANA APPELLATE PROJECT, By: Carey J. Ellis, III, Counsel
E. STEWART, SR. District Attorney, Counsel for Appellee.
L. SILVIE ERICA N. JEFFERSON Assistant District Attorneys.
GARRETT, STONE, and COX, JJ.
defendant, Deterrance T. Purvis, was convicted by a jury of
possession of marijuana with intent to distribute, in
violation of La. R.S. 40:966(A)(1), and sentenced to 15 years
at hard labor. Purvis was also convicted of resisting an
officer, in violation of La. R.S. 14:108, and sentenced to
six months in parish jail. For the following reasons,
Purvis' convictions and sentences are affirmed.
27, 2015, Caddo Parish Sheriff's officers, in a joint
effort with the Shreveport Police Department, were en route
to conduct a drug bust at Pinky's, a store located near
the intersection of Alabama and Poland Streets. This
particular area was targeted because of numerous complaints
of drug activity. While approaching Pinky's, officers
observed three men standing around an illegally parked
Chevrolet Suburban ("Suburban"). After the officers
approached the Suburban, one of the men, Purvis, consented to
being searched. The search uncovered 14 individual bags of
marijuana in Purvis' back pocket. Thereafter, Purvis was
was charged by bill of information with possession of
marijuana with intent to distribute and felony resisting an
officer with force or violence. Purvis subsequently filed a
motion to suppress, alleging he was unlawfully stopped and
searched and urged the trial court to exclude any evidence
concerning the recovered marijuana. After a hearing on the
motion, the trial court denied Purvis' request.
jury found Purvis guilty of possession with intent to
distribute and the lesser responsive charge of misdemeanor
resisting an officer. He was sentenced to 15 years at hard
labor for possession with intent to distribute and 6 months
in a parish jail for resisting an officer. Purvis now
of Error #1
argues the evidence presented at trial was insufficient to
support a verdict of possession of marijuana with intent to
distribute.According to Purvis, while the state
demonstrated he was in possession of marijuana, they failed
to show he intended to sell it. He emphasizes that no scales,