Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Davis

Court of Appeals of Louisiana, First Circuit

February 27, 2018


         On Appeal from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Trial Court No. 05-10-0359 Honorable Richard Anderson, Judge Presiding

          Hillar C. Moore, III District Attorney Dylan C. Alge Assistant District Attorney Baton Rouge, LA Attorneys for Appellee, State of Louisiana

          Jane L. Beebe Louisiana Appellate Project New Orleans, LA Attorney for Defendant-Appellant, Joseph Lee Davis

          Joseph Lee Davis Morgan City, LA In Proper Person


          HIGGINBOTHAM, J.

         The defendant, Joseph Davis, was charged by bill of information on February 11, 2008, with possession of cocaine, a violation of La. R.S. 4O;967(C). The State dismissed this bill without prejudice on February 2, 2009. Subsequently, on May 11, 2010, the State filed a second bill of information, for the same crime. The defendant filed a motion to quash the second bill of information as untimely filed. Following a hearing on the matter, the motion to quash was denied. The defendant pled not guilty and, following a jury trial, was found guilty as charged. He was sentenced to two years imprisonment at hard labor. The sentence was suspended, and the defendant was placed on two years of active, supervised probation. The defendant now appeals, designating one assignment of error.


         On November 9, 2007, at about 8:30 p.m., Sergeant James Cooper, with the East Baton Rouge Sheriff s Office, was patrolling eastbound on I-12, near the Sherwood Forest Boulevard exit. Deputy Holley, a trainee, was riding with Sergeant Cooper.[1] He got behind an Oldsmobile Delta 88, being driven by the defendant. The license plate light was not working on the defendant's car. As Sergeant Cooper continued to follow the vehicle, the defendant swerved over to the far right lane a couple of times. Sergeant Cooper turned on his lights and siren and conducted a traffic stop. The defendant pulled over on the Sherwood Forest Boulevard exit-ramp.

         Sergeant Cooper approached the driver's side and asked the defendant for his driver's license. Deputy Holley stood on the passenger's side of the defendant's car. While the defendant, still in his car with the door open, was looking for his driver's license, Sergeant Cooper shined a flashlight into the defendant's car. Sergeant Cooper saw what appeared to be (and was later identified as) crack cocaine inside a clear plastic bag in the driver's-side door panel; he seized the bag and tossed it on the roof of the defendant's car, toward Deputy Holley. According to Sergeant Cooper, The defendant was not aware that the drugs had been removed. Deputy Holley did not take possession of the drugs.

         The defendant stepped out of his vehicle, and Sergeant Cooper told the defendant to turn around and put his hands behind his back. As the defendant turned toward his own car, he saw the cocaine on his roof. He grabbed the cocaine and put it in his mouth. A struggle ensued, whereby Sergeant Cooper tried to prevent the defendant from swallowing the drugs. Sergeant Cooper and the defendant fell to the ground and continued to fight over control of the cocaine. Sergeant Cooper, while yelling commands to the defendant to spit it out, kept one arm around the defendant's neck so that he could not swallow. Deputy Holley approached the defendant and used a drive stun on him.[2] The taser had little to no effect on the defendant. As Sergeant Cooper and the defendant continued to struggle on the ground, more police showed up. One of the officers used a drive stun on the defendant, again producing little to no effect. Another officer sprayed mace in the defendant's face, which caused him to submit and to spit out the cocaine. As Sergeant Cooper stood up, he saw a second bag of crack cocaine on the ground next to the driver's side door of the defendant's car.

         After the defendant was Mirandized, Sergeant Cooper asked the defendant where he got the crack cocaine from. The defendant told him that he had bought it in the Brookstown area earlier that day and that he intended to sell it to make some money. The total weight of the two bags of cocaine was 5.18 grams.

         The defendant did not testify at trial.


         In his sole assignment of error, the defendant argues the trial court erred in denying the motion to quash the bill of information. Specifically, the defendant contends ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.