It is well settled that communications between jurors and witnesses in a criminal trial, absent a showing that the actions prejudiced the defendant, furnish no grounds for upsetting a conviction. State v. Day , 414 So.2d 349 (La.1982) ; State v. Mims , 524 So.2d 526 (La.App. 2d Cir.), writ denied , 531 So.2d 267 (La.1988) ; State v. Green , [437 So.2d 302 (La.App. 2d Cir.), writ denied , 443 So.2d 1121 (La.1984) ] supra . In the present case, Jackson failed to demonstrate any prejudice whatsoever.
In the past, the Louisiana Supreme Court has upheld life sentences for fourth felony offenders. See State v. Green , 437 So.2d 302 (La.1983), writ denied , 443 So.2d 1121 (La.1984) ; State v. Wheeler , 450 So.2d 695 (La.App. 4 Cir.1984).
In other instances, the decision to deny an instruction or argument on the penalty for an offense is within the discretion of the trial judge. State v. Jackson , supra , citingState v. Williams , 420 So.2d 1116 (La. 1982) ; State v. Blackwell , 298 So.2d 798 (La. 1974) (on reh'g), cert. denied , 420 U.S. 976, 95 S.Ct. 1401, 43 L.Ed.2d 656 (1975) ; State v. Chatman , 43,184 (La. App. 2 Cir. 4/30/08), 981 So.2d 260 ; State v. Gage , supra ; State v. Green , 437 So.2d 302 (La. App. 2 Cir. 1983), writ denied , 443 So.2d 1121 (La. 1984). Sentence regulations, such as those relating to mandatory terms, parole or probation, form no part of the applicable law for the judge to charge the jury.
In that case the Louisiana Supreme Court noted that the legislature's determination of the appropriate minimum sentence should be given great deference by the judiciary. In State v. Green, 437 So.2d 302 (La.App. 2 Cir. 1983), writ denied, 443 So.2d 1121 (La. 1984), Green had prior convictions for simple robbery, forgery and felony theft. After being convicted of possession of preludin, the trial court adjudicated Green a quadruple offender and sentenced him to life imprisonment, and this sentence was affirmed on appeal.
Furthermore, we have repeatedly held drug paraphernalia, seized at the time of an arrest for a controlled dangerous substance violation, to be admissible at trial. See, e.g., State v. Lewis, 566 So.2d 1120 (La.App. 2d Cir. 1990); State v. Bailey, 452 So.2d 756 (La.App. 2d Cir.), writ denied, 456 So.2d 161 (La. 1984); State v. Green, 437 So.2d 302 (La.App. 2d Cir.), writ denied, 443 So.2d 1121 (La. 1983). Obviously, such admissible evidence may be mentioned in the opening statement.
In the past, the Louisiana Supreme Court has upheld life sentences for fourth felony offenders. See State v. Green, 437 So.2d 302 (La. 1983), writ denied, 443 So.2d 1121 (La. 1984); State v. Wheeler, 450 So.2d 695 (La.App. 4 Cir. 1984).
The jurisprudence under these earlier articles clearly established that drug paraphernalia seized at the time of a defendant's arrest for possession of a controlled dangerous substance is admissible evidence at the trial on the possession charge. In State v. Green, 437 So.2d 302 (La.App. 2d Cir. 1983), writ denied 443 So.2d 1121 (La. 1984), the court upheld the admissibility of drug paraphernalia and marijuana found in the car occupied by the defendant at the time of his arrest for possession of preludin. The court found that the objects were "immediate concomitants" of the crime and thus constituted part of the res gestae of the offense under former LSA-R.S. 15:448.
The trial court is granted much discretion regarding the competence of experts and that discretion will be upheld absent a showing of manifest abuse of discretion. State v. Rives, 407 So.2d 1195 (La. 1981); State v. Green, 437 So.2d 302 (La.App. 2d Cir. 1983), writ denied 443 So.2d 1121 (La. 1984). In the present case, there was a sufficient showing that Tuten, an investigator with several years experience in the investigation of drug trafficking, possessed the special knowledge and training necessary to qualify as an expert in the field of procedures and techniques involved in the illegal use and distribution of controlled dangerous substances.
The Second Circuit Court of Appeals has found this in two similar cases. In State v. Green, 437 So.2d 302 (La.App. 2nd Cir. 1983), writ denied 443 So.2d 1121 (La. 1984), the court there found drug paraphernalia and marijuana seized at the time of that defendant's arrest for possession of preludin to be part of the res gestae. In State v. Bailey, 452 So.2d 756 (La.App. 2nd Cir. 1984), writ denied 456 So.2d 161 (La. 1984), the Second Circuit again found that on a possession of cocaine charge, evidence consisting of drug paraphernalia and references to other controlled dangerous substances found at the time of defendant's arrest was admissible under the res gestae exception.
Communications between jurors and a witness in a criminal trial without a showing that the defendant was prejudiced furnishes no ground for upsetting a conviction. State v. Green, 437 So.2d 302 (La.App. 2d Cir. 1983), writ den. 443 So.2d 1121 (1984); State v. Palrean, 395 So.2d 687 (La. 1981); State v. Beridon, 449 So.2d 2 (La.App. 1st Cir. 1984), writ den. 452 So.2d 178 (La. 1984). The purpose of LSA-C.Cr.P. art. 791 is to protect jurors from outside communications which might influence them to base their verdict on something other than the evidence introduced at trial.