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State v. Aguillard

Court of Appeal of Louisiana, Fourth Circuit

March 4, 2015

STATE OF LOUISIANA
v.
BRIAN A. AGUILLARD, SR

Page 977

APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH. NO. 510-499, SECTION " G" . Honorable Julian A. Parker, Judge.

Leon A. Cannizzaro, Jr., District Attorney, Scott G. Vincent, Assistant District Attorney, Parish of Orleans, New Orleans, LA, COUNSEL FOR APPELLEE/STATE OF LOUISIANA.

Katherine M. Franks, LOUISIANA APPELLATE PROJECT, Abita Springs, LA, COUNSEL FOR DEFENDANT/APPELLANT.

(Court composed of Judge Roland L. Belsome, Judge Rosemary Ledet, Judge Sandra Cabrina Jenkins).

OPINION

Roland L. Belsome, Judge

Page 978

[2014-0316 La.App. 4 Cir. 1] In this criminal appeal, the defendant, Brian A. Aguillard, Sr., challenges his conviction. Finding that the defendant was erroneously deprived of a peremptory challenge, we vacate the defendant's conviction and remand for a new trial.

PROCEDURAL HISTORY

The defendant was charged by bill of information with illegal use of a weapon. He pled not guilty at arraignment. After a hearing, the trial court denied his motions to suppress the evidence and identification and found probable cause. Following a jury trial, the defendant was found guilty as charged. He was later sentenced

Page 979

to eighteen months at hard labor. This appeal followed.

FACTUAL BACKGROUND

On December 18, 2011, the defendant was arrested for discharging his firearm four times outside of his residence located at 3529 Hamburg Street, in New Orleans. Earlier, the defendant's fraternal twin, Brett Aguillard, was engaged in a drug related argument with another male at " PJ's Bar and Grill," which was located a few houses down from their Hamburg Street residence, which they [2014-0316 La.App. 4 Cir. 2] shared with their mother, Deatrice Aguillard.[1] During the argument, another male drove up, exited his vehicle, and ...


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