Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Celestine

Court of Appeals of Louisiana, Third Circuit

October 2, 2019

STATE OF LOUISIANA
v.
WILL ANTONIO CELESTINE

          APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 16636-15 HONORABLE G. MICHAEL CANADAY, DISTRICT JUDGE.

          John Foster DeRosier, District Attorney Karen C. McLellan, Assistant District Attorney Fourteenth Judicial District Court, COUNSEL FOR APPELLEE: State of Louisiana.

          Mary Constance Hanes, COUNSEL FOR DEFENDANT/APPELLANT: Will Antonio Celestine.

          Jeffrey M. Landry, Attorney General, J. Taylor Gray, Assistant Attorney General, COUNSEL FOR OTHER APPELLEE: Attorney General of the State of Louisiana.

          Court composed of Ulysses Gene Thibodeaux, Chief Judge, Billy Howard Ezell, and John E. Conery, Judges.

          BILLY HOWARD EZELL JUDGE.

         Defendant, 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.

         Trial 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.

         On 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.

         On July 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.

         FACTS

         On May 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.

         Defendant 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.

         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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.