## Facts

- The New Iberia Police Department ran an undercover street-level operation targeting narcotics dealers in New Iberia, Louisiana.
- Undercover officer Tony Gant, working with a confidential informant, made controlled purchases after being introduced to local dealers.
- In November 1990, Gant purchased crack cocaine from Nathaniel Lee, who was known by the nickname “Casper.”
- Police later arrested Lee, and he admitted selling cocaine.
- The State introduced an audiotape of the sale recorded during the transaction. The recording contained substantial background noise and was difficult to understand.
- A police detective testified that, over the noise, Lee could be heard offering “$40” and “$25” rocks of crack cocaine.
- Over defense objection that the tape was partly unintelligible, the trial court admitted the recording and told the jury it could give the tape whatever weight it thought appropriate.
- A jury found Lee guilty of distribution of cocaine (La. R.S. 40:967).
- The trial court denied Lee’s motion for new trial and sentenced him the same day. Because Lee was a fifth-felony offender, the court imposed 20 years at hard labor, described as the maximum under the sentencing guidelines.
- The sentencing record did not reflect an oral advisement of the prescriptive period for post-conviction relief under La. C.Cr.P. art. 930.8.

## Issues

1. Whether the evidence, viewed under Jackson v. Virginia, was sufficient for a rational jury to find Lee guilty of distribution of cocaine beyond a reasonable doubt.
2. Whether the trial court’s denial of Lee’s motion for new trial reflected application of the correct standard for new-trial review based on claimed evidentiary insufficiency.
3. Whether the trial court abused its discretion by admitting an audiotape of the drug sale that was partly unintelligible due to background noise.
4. Whether sentencing required reversal or resentencing because (a) sentencing occurred the same day the motion for new trial was denied (La. C.Cr.P. art. 873) and (b) the court failed to advise Lee of the post-conviction prescriptive period (La. C.Cr.P. art. 930.8).
5. Whether the 20-year hard-labor sentence was constitutionally excessive given the offense and Lee’s criminal record.

## Decision

- The court affirmed Lee’s conviction for distribution of cocaine.
- The court found the evidence sufficient under Jackson v. Virginia, relying on the undercover officer’s testimony about the purchase, Lee’s admission to selling cocaine, corroborating circumstances from the operation, and the jury’s ability to consider the recording along with testimony.
- The court rejected claims tied to the motion-for-new-trial ruling and found no basis to disturb the verdict on that ground.
- The court held the trial court did not err in admitting the audiotape despite background noise; limits in clarity affected the weight of the evidence for the jury rather than admissibility.
- As errors patent, the court found (a) the lack of the 24-hour sentencing delay after denial of the new-trial motion did not require relief absent a showing of prejudice, and (b) the missing art. 930.8 advisement did not require resentencing.
- The court directed the district court to send Lee written notice of the art. 930.8 prescriptive period within ten days and to file written proof of notice in the record.
- The court affirmed the 20-year sentence, finding no constitutional excessiveness in light of Lee’s status as a fifth-felony offender and the circumstances of the offense.

## Legal Principles

- Appellate sufficiency review applies Jackson v. Virginia: whether, viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could find the elements proved beyond a reasonable doubt.
- When a defendant seeks a new trial on the ground that the verdict is contrary to the evidence, the trial court’s review differs from Jackson because it may consider credibility and weight when deciding whether justice requires a new trial.
- A recording connected to the charged events may be admitted even if portions are unintelligible; background noise and partial inaudibility generally go to evidentiary weight for the jury, not admissibility, when the recording remains probative and properly authenticated.
- Violation of La. C.Cr.P. art. 873’s delay between denial of a motion for new trial and sentencing is not reversible error without a showing that the defendant was prejudiced by the lack of delay.
- Failure to advise a defendant at sentencing of La. C.Cr.P. art. 930.8’s post-conviction prescriptive period does not automatically require resentencing; the usual remedy is written notice with proof filed in the record.
- A sentence within statutory limits may still be reviewed for constitutional excessiveness, but substantial criminal history and offense circumstances may justify a severe term.

## Conclusion

The Louisiana Third Circuit affirmed Nathaniel Lee’s conviction for distribution of cocaine and his 20-year hard-labor sentence, holding that the undercover purchase testimony and Lee’s own admission supported the verdict under Jackson, that the partly unintelligible audiotape was properly admitted because any lack of clarity was for the jury to weigh, and that sentencing irregularities warranted only corrective notice under art. 930.8 and no relief absent prejudice from the missing art. 873 delay.


State v. Lee, 625 So. 2d 645 (1993)