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State v. Monroe

Court of Appeals of Louisiana, Third Circuit

June 3, 2015

STATE OF LOUISIANA
v.
WESLEY JAMES MONROE

APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT, PARISH OF LAFAYETTE, NO. CR 133158. HONORABLE PATRICK LOUIS MICHOT, DISTRICT JUDGE.

Michael Harson, District Attorney, Lafayette, Louisiana, COUNSEL FOR APPELLEE: State of Louisiana.

Edward Kelly Bauman, Louisiana Appellate Project, Lake Charles, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT: Wesley James Monroe.

Court composed of Jimmie C. Peters, John E. Conery, and David Kent Savoie, Judges.

OPINION

Page 455

[15-141 La.App. 3 Cir. 1] CONERY, Judge.

Defendant Wesley James Monroe was indicted for the first degree murder of Thomas Jolivette, a violation of La.R.S. 14:30. On December 21, 2011, the State filed a " Notice of Intent to use Evidence of Other Crimes." A hearing was held on January 5, 2012. Following testimony and argument, the trial court took the matter under advisement. On January 17, 2012, the trial court granted the State's motion and ruled that the evidence of another crime was admissible.

A jury trial commenced on September 23, 2014. On September 25, 2014, Defendant was found guilty as charged. Defendant waived all delays and was immediately sentenced to life imprisonment without the benefit of parole, probation, or suspension of sentence, to be served consecutively with any sentence he was currently serving.

Defendant has perfected a timely appeal wherein he alleges that the trial court erred when it permitted the introduction of other crimes evidence. For the following reasons, we affirm Defendant's conviction for first degree murder.

FACTS

On November 6, 2010, at approximately 9:30 p.m., Defendant and codefendant, Jermain Ason, kidnapped the victim, Thomas Jolivette, as the victim was entering his truck in downtown Lafayette. After forcing him into the passenger seat at gunpoint, Defendant drove the victim's truck to a Chase Bank branch located on the intersection of Cameron Street and University Avenue and attempted to get the victim to use his ATM to withdraw money. When the victim could not or would not reveal a pin number, Defendant shot him in the head as they were exiting the bank parking lot. The victim died as a result of the gunshot wound. The two men drove a short distance to a grocery store, where they pushed [15-141 La.App. 3 Cir. 2] the victim's body out of the truck. Eventually, they pushed the truck into a coulee. Defendant was ultimately identified by the DNA he left in the truck.

ERRORS PATENT

In accordance with La.Code Crim.P. art. 920, all appeals are reviewed for errors patent on the face of the record. After reviewing the ...


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