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State v. Wilson

Court of Appeals of Louisiana, Fourth Circuit

April 29, 2015

STATE OF LOUISIANA
v.
MILTON WILSON

Page 1151

APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH. NO. 515-513, SECTION " I" . Honorable Karen K. Herman, Judge.

Leon A. Cannizzaro, Jr., District Attorney, Matthew C. Kirkham, 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 Terri F. Love, Judge Max N. Tobias, Jr., Judge Rosemary Ledet).

OPINION BY:

Rosemary Ledet, J.

OPINION

Page 1152

[2014-1267 La.App. 4 Cir. 1] In this criminal appeal, the defendant, Milton Wilson, seeks review of his sentence of life without benefit of parole, probation, or suspension of sentence for second degree murder. For the reasons that follow, we affirm his conviction and sentence.

STATEMENT OF THE CASE

On April 5, 2013, Milton Wilson, Jariod Washington, and Erin Doucet were each charged by bill of indictment with one count of second degree murder, in violation of La. R.S. 14:30.1; armed robbery with a firearm, in violation of La. R.S. 14:64.3; criminal conspiracy to commit armed robbery, in violation of La. R.S. 14:(26)64.3; and obstruction of justice, in violation of La. R.S. 14:30.1. On April 12, 2013, Mr. Wilson appeared for arraignment and entered a plea of not guilty.[1]

On June 6, 2013, Mr. Wilson filed a motion for discovery, a motion to suppress, and a motion to preserve evidence. On August 26, 2013, the district court denied the motion to suppress. On September 25, 2013, the district court granted Mr. Wilson's and his co-defendants' motion to sever their trials.

[2014-1267 La.App. 4 Cir. 2] The district court held a competency hearing on April 29, 2014 and found Mr. Wilson competent to stand trial. On May 5, 2014, a jury was selected and trial commenced on the second degree murder charge only. On May 7, 2014, the trial concluded, and the jury found Mr. Wilson guilty of second degree murder.

On July 11, 2014, following Mr. Wilson's conviction and the denial of his post-verdict motions, the district court conducted a sentencing hearing. At the conclusion of the sentencing hearing, the district court sentenced Mr. Wilson to life imprisonment without the benefit of probation, parole, or ...


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