from the Forty Second Judicial District Court for the Parish
of DeSoto, Louisiana Trial Court No. 15CR25966 Honorable Amy
Burford McCartney, Judge
LOUISIANA APPELLATE PROJECT BY: Peggy J. Sullivan Counsel for
V. EVANS District Attorney Counsel for Appellee
KENNETH PATRICK HAINES GEORGE WINSTON, III Assistant District
BROWN, STONE, and BLEICH (Ad Hoc), JJ.
BLEICH, J. (AD HOC)
a jury trial, Chadric Green was found guilty as charged of
possession of a firearm by a convicted felon and sentenced to
14 years at hard labor, without benefit of probation, parole,
or suspension of sentence and a $1, 000 fine. Green appeals
his conviction. We affirm.
October 29, 2014, the Mansfield Police Department received a
walk-in complaint from the victim of events that involved a
man firing a gun into the air in a pasture located in
Mansfield, Louisiana, and subsequently engaging in a physical
altercation with the victim. The victim and other witnesses
identified Chadric Green as the individual who pulled a
weapon out of his back pocket and fired five or six times
into the air; the witnesses also saw a gun fall out of
Green's pocket as he fought with the victim. Police
recovered six .380 automatic shell casings from the scene. A
warrant for Green's arrest was obtained and he was
arrested in the late hours of October 29, 2014.
7, 2016, Green was charged by third amended bill of
information with one count of possession of a firearm by a
convicted felon or carrying a concealed weapon, in violation
of La. R.S. 14:95.1, after having been previously convicted
of simple burglary in DeSoto Parish in Docket No.
08-CR-17320, on January 14, 2009.
pretrial court appearances in 2016, Green refused appointed
counsel and asserted his constitutional right to represent
himself. The trial court ultimately assigned standby counsel
to assist Green as needed. On the day of trial, however,
Green insisted that standby counsel was not going to be of
any help to him because he did not trust him. Thereafter,
Green proceeded to trial on July 27, 2016, and conducted
voir dire and questioned the state's four
witnesses on his own behalf.
four witnesses were present at the gathering of people in or
near the pasture on October 29, 2014. The victim, Billy
Layton, heard five gunshots, saw Green put a gun in his back
pocket, point a gun at him after the two fought, and carry
the gun in his hand after the altercation. Layton also heard
Green threaten to "pop" another individual. Jasmine
Green and Treshawn Walker both testified they saw Green with
a gun. Davonte Murphy saw Green fire a handgun multiple times
into the air and a gun fall out of Green's pocket as he
scuffled with Layton.
second day of trial, the trial court was notified that Green
was absent from court and that standby counsel had
unsuccessfully attempted to reach him. The trial judge issued
an arrest warrant. Upon Green's absence for approximately
another hour, the trial judge ruled that trial would proceed
in accordance with La.C.Cr.P. art. 832. The trial judge
allowed standby counsel to leave, but ordered that he be
available until a verdict was reached.
trial judge informed the jury of Green's absence,
explaining that it was assumed to be voluntary as he was
present for the first day of trial and failured to notify
anybody that he would be late. The trial judge apprised the
jury that officials continued to search for Green. The trial
judge read La.C.Cr.P. art. 832 as authority for the trial to