FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF
CALCASIEU, NO. 16636-15 HONORABLE G. MICHAEL CANADAY,
Foster DeRosier, District Attorney Karen C. McLellan,
Assistant District Attorney Fourteenth Judicial District
Court, COUNSEL FOR APPELLEE: State of Louisiana.
Constance Hanes, COUNSEL FOR DEFENDANT/APPELLANT: Will
Jeffrey M. Landry, Attorney General, J. Taylor Gray,
Assistant Attorney General, COUNSEL FOR OTHER APPELLEE:
Attorney General of the State of Louisiana.
composed of Ulysses Gene Thibodeaux, Chief Judge, Billy
Howard Ezell, and John E. Conery, Judges.
HOWARD EZELL JUDGE.
Will Antonio Celestine, was charged by bill of information
filed on June 22, 2015, with illegal use of a weapon, a
violation of La.R.S. 14:94, and possession of a weapon by a
convicted felon, a violation of La.R.S. 14:95.1. On August
13, 2015, the bill of information was amended to add the
charge of unauthorized entry of an inhabited dwelling, a
violation of La.R.S. 14:62.3. The bill of information was
amended again on November 13, 2017, to clarify information
regarding the offenses charged.
by jury commenced on November 13, 2017. On November 15, 2017,
the jury found Defendant guilty of the responsive verdict of
attempted illegal use of a weapon, a violation of La.R.S.
14:27 and La.R.S. 14:94. Defendant was found guilty as
charged on the remaining counts.
January 8, 2018, Defendant was adjudicated a fourth felony
habitual offender for the offense of attempted illegal use of
a weapon and was sentenced to life imprisonment without
benefit of probation, parole, or suspension of sentence.
Defendant was also sentenced to serve twenty years at hard
labor without benefit of probation, parole, or suspension of
sentence and to pay a $1000 fine for possession of a weapon
by a convicted felon and to serve six years at hard labor for
unauthorized entry of an inhabited dwelling. The trial court
ordered Defendant's sentences be served concurrently.
27, 2018, Defendant filed a "Notice of Appeal" and
"Motion for Late Appeal and Motion for Appeal." The
motion for appeal was granted. Defendant is now before this
court asserting his Sixth and Fourteenth Amendment rights
were violated by the lack of unanimous jury verdicts on two
of the three counts.
16, 2015, Defendant was in the street fighting with another
man. During the fight, he retrieved a gun and fired three
shots, two into the air and one into the ground. Defendant
then put the gun in his waistband and fled, eventually
getting into an SUV. Police pursued the SUV, and Defendant
ultimately exited the vehicle and ran. Defendant entered the
home of Catherine Green to hide from police. Defendant also
forced his way into the home of Julius Harding. In the end,
Defendant exited the home and was arrested. Police never
found the gun or the SUV.
had previously been convicted of aggravated flight from an
officer. His probation supervision began on November 17,
2005, and his probation was revoked on January 28, 2008.
accordance with La.Code Crim.P. art. 920, all appeals are
reviewed for errors patent on the face of the record. After