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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA VERSUS ALSANDO DOWELL * * * * ******* NO. 2007-KA-1341 COURT OF APPEAL FOURTH CIRCUIT STATE OF LOUISIANA

APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 453-513, SECTION "J" Honorable Darryl A. Derbigny, Judge ****** Judge Patricia Rivet Murray ****** (Court composed of Chief Judge Joan Bernard Armstrong, Judge Patricia Rivet Murray, Judge Edwin A. Lombard) Keva Landrum-Johnson District Attorney Donna Andrieu Assistant District Attorney 1340 Poydras Street Suite 700 New Orleans, LA 70112-1221 COUNSEL FOR PLAINTIFF/APPELLEE Laura Pavy LOUISIANA APPELLATE PROJECT P. O. Box 750602 New Orleans, LA 70175-0602 COUNSEL FOR DEFENDANT/APPELLANT

AFFIRMED

Alsando Dowell was charged with one count of simple possession of heroin, a charge to which he subsequently pled not guilty. On September 12, 2006, a jury found him guilty as charged. On June 22, 2007, the court sentenced Mr. Dowell to serve five years at hard labor. The court denied his motion for reconsideration of sentence but granted his motion for appeal. Although the State indicated it would file a bill of information charging Mr. Dowell as a multiple offender, the court continued that hearing without date. Mr. Dowell now comes before this court requesting only a review of the record for patent errors. At trial, Officer Jamie Cohen testified that on the evening of October 18, 2004, she and her partner Officer Melvin Williams were on patrol in the Sixth District when they received a call concerning shots fired near the corner of Third and S. Miro Streets. As they were driving down S. Miro, they saw Mr. Dowell standing on that corner. She testified that when Mr. Dowell saw them approaching in their police car, he discarded the brown paper bag that he was holding and fled. Officer Cohen testified that she exited the car and chased Mr. Dowell, apprehending him within half a block. She stated that she handcuffed him, and after her partner retrieved the bag Mr. Dowell abandoned, she arrested him for

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possession of heroin. She further testified that when they took Mr. Dowell to Central Lockup, he stated that he had swallowed five rocks of crack cocaine. Officer Williams then took Mr. Dowell to Charity Hospital. Officer Melvin Williams' testimony concerning the events that led to Mr. Dowell's arrest tracked that of Officer Cohen. In addition, Officer Williams testified that as his partner chased Mr. Dowell on foot, he retrieved the bag Mr. Dowell dropped and then joined in the chase. Officer Williams further testified that after Officer Cohen apprehended Mr. Dowell, he looked inside the bag and found five packages of tinfoil, each of which contained a white powder that he believed to be heroin. The parties stipulated that the powder in the tinfoil tested positive for heroin. Mr. Dowell testified that he was walking down the street on the night of his arrest when he saw the officers approaching. He testified that he was familiar with these officers because they often arrested him for trespassing in the housing project, even though his sister lived nearby. He testified that on that particular night, he ran to try to avoid arrest. He stated that the officers only caught him when another officer, a sergeant, ran him down in his truck. At that point, Mr. Dowell stated that Officer Cohen was able to handcuff him. Mr. Dowell further testified that he was under the impression that he was once again being arrested for trespassing. When he arrived at Central Lockup, he told the deputies that he had swallowed cocaine in an attempt to avoid going to jail. Mr. Dowell testified that it was common knowledge that if a prisoner said he had swallowed drugs, the arresting officer would be required to take the prisoner to Charity Hospital. Mr. Dowell further testified that in many cases, especially when a person was arrested for a municipal offense, the suspect would be given a
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summons for court and released. In this case, Officer Williams took Mr. Dowell to Charity. According to Mr. Dowell, when Officer Williams realized that his statement about swallowing drugs was false, Officer Williams produced the bag of heroin and told Mr. Dowell he would charge him with possessing it. Mr. Dowell insisted that this statement was the first he knew that he was being charged with possession of heroin. Mr. Dowell admitted having prior convictions for armed robbery, being a convicted felon in possession of a firearm, theft, and possession of marijuana. On rebuttal, Officer Williams testified that there were other officers in the area of the arrest due to the call of shots being fired, but his sergeant was not on the scene. He testified that he advised Mr. Dowell of his rights and of the offense for which he was being arrested at the scene of the arrest. Officer Williams acknowledged that he took Mr. Dowell to the hospital, but he testified that he did not fabricate the heroin charge. He further testified that he was aware of the ploy some arrestees used to avoid going to jail by stating that they had swallowed drugs. By her sole assignment of error, Mr. Dowell's counsel requests a review of the record for errors patent. Such review shows there are none. Counsel complied with the procedures outlined by Anders v. California, 386 U.S. 738, 87 S.Ct. 1396 (1967), as interpreted by this Court in State v. Benjamin, 573 So. 2d 528 (La. App. 4 Cir. 1990). Counsel filed a brief complying with State v. Jyles, 96-2669 (La. 12/12/97), 704 So. 2d 241. Counsel's detailed review of the procedural history and facts of the case indicate a thorough review of the record. Counsel moved to withdraw because she believes, after a conscientious review of the record, there is no non-frivolous issue for appeal. Counsel reviewed available transcripts and found no trial court ruling that arguably supports the appeal. A copy of the brief
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was forwarded to Mr. Dowell, and this Court informed him that he had the right to file a brief in his own behalf. He has not done so. Thus, this Court's review is limited to errors on the face of the record. La. C.Cr.P. art. 920. Complying with the requirements set forth in the Benjamin case, this Court performed an independent review of the pleadings, minute entries, bill of information, and transcripts in the appeal record. Mr. Dowell was properly charged by bill of information with a violation of La. R.S. 40:966C(1), and the bill was signed by an assistant district attorney. Mr. Dowell was present and represented by counsel at arraignment, during the trial, and at sentencing. The court's verdict and Mr. Dowell's sentence are legal in all respects. Furthermore, a review of the trial transcript shows that the State provided sufficient evidence to prove beyond a reasonable doubt that Mr. Dowell was guilty of possession of heroin. Our independent review reveals no non-frivolous issue and no trial court ruling that arguably supports the appeal. DECREE For the forgoing reasons, we find that appellate counsel has complied with Anders and grant her motion to withdraw. We affirm Mr. Dowell's conviction and sentence. AFFIRMED

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