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State v. Wilson

Court of Appeals of Louisiana, Fifth Circuit

May 28, 2015

STATE OF LOUISIANA
v.
CHAD WILSON

Page 357

[Copyrighted Material Omitted]

Page 358

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA. NO. 13-2898, DIVISION " C" . HONORABLE JUNE B. DARENSBURG, JUDGE PRESIDING.

PAUL D. CONNICK, JR., DISTRICT ATTORNEY, TERRY M. BOUDREAUX, ASSISTANT DISTRICT ATTORNEY, Gretna, Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.

MARTIN E. REGAN, JR., ATTORNEY AT LAW, New Orleans, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

LIEU T. VO CLARK, ATTORNEY AT LAW, Louisiana Appellate Project, Mandeville, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.

Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson and Stephen J. Windhorst.

OPINION

Page 359

[14-878 La.App. 5 Cir. 2] STEPHEN J. WINDHORST, J.

On January 16, 2014, a twelve-person jury found defendant, Chad Wilson, guilty of the lesser included offense of second degree battery (count one) and guilty of armed robbery (count two).[1] Defendant was sentenced to five years imprisonment at hard labor on count one and thirty years imprisonment at hard labor on count two to run concurrently with each other. For the reasons that follow, we affirm defendant's convictions and sentences, and remand for correction of the commitment.

FACTS

On May 31, 2013, the victim, Cory Millet, was sitting in his car listening to music (" beats" ) he produced since his two year old daughter was upstairs taking a nap in her bedroom.[2] Mr. Millet saw defendant pull up and go to the back of the apartment complex. Mr. Millet left his car and went into his apartment, but returned to make sure the car was locked. Mr. Millet saw defendant return to a parked vehicle along with three other individuals. Mr. Millet had never met [14-878 La.App. 5 Cir. 3] defendant. As Mr. Millet was returning to his apartment, he passed defendant getting into his vehicle and defendant asked him if he " smoked" and if he " had a light." Mr. Millet responded he did not smoke cigarettes, but he did have a lighter. Defendant asked Mr. Millet if he would mind waiting until they rolled a " blunt" in the back of the vehicle.

Defendant then asked Mr. Millet if he knew someone who sold weed. Mr. Millet responded that he did, and defendant asked Mr. Millet for his drug dealer's phone number.[3] Mr. Millet told defendant he did not give out other people's phone numbers. Defendant told Mr. Millet he

Page 360

wanted his number and Mr. Millet gave defendant his own phone number. Defendant called Mr. Millet's phone, and his phone number appeared on Mr. Millet's phone without a contact name.

Defendant also asked Mr. Millet if he knew someone who wanted to buy a gun. Mr. Millet responded some of his " artists" might be interested. Defendant offered to show him a .25 caliber gun, but requested to show it in Mr. Millet's house. Mr. Millet retrieved his .45 caliber gun,[4] placed it behind his waist, and allowed defendant into his apartment because he thought he was " protected in the neighborhood." [5] After defendant showed Mr. Millet the gun, he called " B-Mac" [6] regarding the potential sale of the gun. While Mr. Millet was on the phone, defendant pointed the .25 caliber gun at him and stated, " you know you're jacked, right?" Mr. Millet asked defendant if he was serious and hung up the phone. Defendant instructed Mr. Millet to remove the clip from his .45 caliber gun, and he complied by ejecting the bullets from the clip onto the stairs. Defendant also [14-878 La.App. 5 Cir. 4] ordered Mr. Millet to remove the round from the chamber, and it fell on the stairs. Defendant took Mr. Millet's .45 caliber gun and tucked it into his waistband.

While defendant was focused on Mr. Millet's dog, Mr. Millet grabbed defendant's gun and jumped on him. Mr. Millet and defendant wrestled for approximately three seconds, during which the defendant shot Mr. Millet in the chest, then ran out. Mr. Millet immediately pressed down on the wound and called 9-1-1. Officers responded within two to three minutes.

Officer Bryan Weiter was the first officer on the scene at 3540 Martinique Drive. Mr. Millet told Officer Weiter he had been shot and his two year old daughter was inside the apartment. Officer Weiter brought Mr. Millet outside and he gave Officer Weiter a description of the shooter. Mr. Millet told him that the shooter asked him for a lighter for a marijuana cigarette, the shooter then said " you just got jacked," pointed a .25 caliber gun at him and took his .45 caliber gun.

Detective Charlotte Synigal, the lead case officer, testified someone brought her Mr. Millet's two year old daughter, and the child was " really shaken up." There were live rounds of ammunition on the staircase, and Detective Synigal and the other officers searched the entire house. The officers found a small amount of narcotics in Mr. Millet's residence and did not find any weapons. Detective Synigal testified that Mr. Millet described the shooter as an unknown black male with a long dread-lock hair style and a medium brown complexion. She was informed the shooter fled the scene in a two-tone silver vehicle.

Detective Synigal testified the officers recovered Mr. Millet's cell phone and a .45 caliber magazine from his pocket. She reviewed Mr. Millet's cell phone and discovered Mr. Millet had been contacted from a phone number that was not saved in his contact list. The " ARMS" database

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was consulted and she discovered the phone number was associated with defendant. Detective Synigal verified with [14-878 La.App. 5 Cir. 5] other officers that defendant matched the description provided by Mr. Millet. Detective Synigal generated a photographic lineup that included defendant and presented the lineup to Mr. Millet. Detective Synigal testified that Mr. Millet was certain when he chose defendant from the lineup.[7]

After Mr. Millet's identification of defendant, Detective Synigal prepared arrest and search warrants. The officers received information from the " ARMS" database regarding a two-tone silver vehicle associated with defendant. Defendant was arrested during a traffic stop in St. John the Baptist Parish and was transported to the jail in that parish where Detective Synigal made contact with defendant later that night. She advised defendant of his rights, and defendant signed a ...


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