## Facts

- New Orleans police officers patrolling near Josephine and LaSalle Streets observed Tyron B. Ash speaking with a woman with his hand extended; when Ash noticed the police car, he closed his hand and walked away.
- Ash later fled on foot when officers stopped nearby and was chased into a vacant lot.
- During the pursuit, an officer saw Ash remove two objects from his waistband and discard them near a tree stump.
- Police immediately recovered two plastic bags at the discard location: one containing crack cocaine rocks (confirmed by field and lab tests) and the other containing cash.
- Ash was charged with possession of cocaine with intent to distribute under La. R.S. 40:967 and was convicted by a jury.
- At trial, Ash testified and acknowledged prior cocaine possession convictions; on cross-examination, the State questioned him about three prior cocaine possession convictions and that the arrests occurred in the same neighborhood.

## Issues

1. Whether the evidence was sufficient for a rational jury to find beyond a reasonable doubt that Ash possessed cocaine with intent to distribute.
2. Whether trial counsel rendered ineffective assistance by failing to object to cross-examination concerning Ash’s prior cocaine convictions and related arrests in the same area.
3. Whether Ash’s adjudication as a fourth-felony habitual offender and mandatory life sentence without benefits were constitutionally excessive.

## Decision

- The court affirmed the conviction for possession of cocaine with intent to distribute.
- The court held the evidence was sufficient under the Jackson v. Virginia standard to prove intent to distribute.
- The court rejected the ineffective-assistance claim, finding Ash failed to show prejudice under Strickland v. Washington.
- The court affirmed the fourth-felony habitual offender adjudication and held the mandatory life sentence was not constitutionally excessive.

## Legal Principles

- Evidence is sufficient if, viewing the evidence in the light most favorable to the prosecution, a rational factfinder could find every element proved beyond a reasonable doubt.
- Intent to distribute may be inferred from circumstantial evidence, including packaging/quantity, possession of cash, conduct suggesting a hand-to-hand transaction, flight, and discarding contraband.
- Ineffective assistance requires proof of deficient performance and a reasonable probability that, but for counsel’s errors, the result would have been different.
- When a defendant testifies about prior convictions, the State may use cross-examination for impeachment and clarification within evidentiary limits; lack of objection warrants relief only if Strickland prejudice is shown.
- A mandatory habitual-offender life sentence is unconstitutional only if, as applied, it is grossly disproportionate to the offense and offender.

## Conclusion

The appellate court affirmed Ash’s conviction and sentence, concluding that the officers’ observations, Ash’s flight and discard of cocaine and cash, and the drug packaging supported a finding of intent to distribute; that any failure to object to impeachment about prior convictions did not affect the verdict; and that the mandatory life term as a fourth-felony offender was not unconstitutionally excessive.


State v. Ash, 729 So. 2d 664 (La. Ct. App. 4th Cir. 1999)