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Jason Anderson, who is Defendant's distant cousin, was studying criminal justice at Grambling in 2003. Anderson came home from college several days prior to Mardi Gras and went to the house shared by Defendant, Joseph Guillory, and Mr. Defendant's mother, grandmother, and aunt all live across the street. Anderson spent Monday night at the house; he saw and spoke to Defendant and Guillory while he was still there Tuesday morning. Anderson left before that morning, Defendant and Guillory were still at home. Dominick noticed Defendant and Guillory walking along the roadside with a gas can. Dominick picked them up and drove them to Guillory's car, which was parked on the opposite side of the road and pointed east toward Opelousas. After visiting with her grandmother for about an hour-and-a-half, Mrs. As she passed Le Jeune's Grocery, she noticed an unusually large number of vehicles parked outside the store. Pierrotti stopped at Le Jeune's Grocery to purchase potatoes. Pierrotti noticed that there was a pale yellow Caprice in the parking lot. Pierrotti paused for a moment outside his truck and noticed a black male, between five-and-a-half to six feet tall, walking rapidly from the front of the store to the yellow car. The man climbed into the driver's side, revved the engine twice, spun out, made a U-turn, and headed east. Pierrotti noticed that there was a second black man in the vehicle. Pierrotti observed that the car had no license plate and no lock for the trunk. No one greeted him as he entered, which was unusual. Officer Venable saw a black male at the rear of the car attaching a license plate. The defense exercised four peremptory challenges, all on white jurors, before the State raised its Batson objection: Ms. From where the car parked, the occupants could see the entrance of Le Jeune's Grocery. Anderson's brother lived there at the time, but he was staying in Alexandria. Guillory's car was yellow and looked like the car pictured in the State's photographs. Dominick did not remember whether the car had a license plate on the back of the vehicle, but she did recall that there was a permanent license plate “kind of laying over” in the rear window of the car. As he approached the counter, he noticed that the mats on top were out of place. As he neared the Chevron station, Officer Venable observed the Chevy Caprice parked at the gas pumps. After interviewing the first panel of prospective jurors, the trial court granted four joint challenges for cause and then considered peremptory challenges. The State responds that the evidence was sufficient to support Defendant's conviction and that it successfully proved its theory that both Defendant and Guillory participated in the crime. The supreme court has stated: When reviewing the sufficiency of the evidence to support a conviction, Louisiana appellate courts are controlled by the standard enunciated in Jackson v. Defendant additionally alleges that the State failed to introduce any evidence showing a plan or agreement by Defendant, that there were no witnesses to the actual crime, that the verdict is called into doubt because his co-defendant was the only one with a DNA link to the crime scene, that the circumstantial evidence presented by the State was inadequate for a conviction because it did not exclude every reasonable hypothesis of innocence, and that, even though he was charged as a principal, the State failed to prove specific intent to kill. When he did not get a response, he went to get his cellular phone from his truck. The police officer took the car's description and radioed the information. Pierrotti was talking to the officer, a man and wife arrived at the store. Le Jeune exit the store and leave with the nurse and her husband. Synder testified that it is unlikely that the shots were fired from behind the counter. Bollich had been in Le Jeune's Grocery many times and had been on friendly terms with Mr. Sergeant Lafosse first assisted in contacting the man at the rear of the vehicle before going to the driver's side of the car. Furthermore, Juror Lewis repeatedly conditioned her assurances of impartiality by expressing her discomfort and dislike for serving on the jury under the circumstances. Accordingly, this assignment of error is not germane to Defendant's case. Before anyone answered his call, he saw a patrol car driving west toward Eunice; he signaled for assistance. From the position of the body, the location of the bullet in the wall, the fact that the gun would be extended an arm-length away from the shooter, and the dimensions of the area, Dr. The man did not have on a hat of any kind; however, the man behind the wheel had on either a stocking or knit hat. RICHARD: Well, we had-the defense has challenged-the first person who was of the white race was Ms. Juror Lewis did not deny telling Juror Soileau about the information or her reservations about sitting on the jury as a result. ASSIGNMENT OF ERROR NUMBER TWODefendant asserts that “[t]he State was not entitled to reversal of the trial court's order for new trial where the decision was not appealable by the State, and the court of appeal could not provide the State with appellate rights contrary to Article 912 of the Code.”The State responds that La. Defendant limits his assignment of error strictly to the right to seek review through appeal and ignores any argument concerning the State's right to seek supervisory review. On May 26, 2006, the trial court sentenced Defendant to life imprisonment in accordance with La. They kept the money, an assortment of ones, fives, and tens, in a drawer tray behind the counter. Le Jeune napped in the apartment adjoining the store until around p.m. After observing the expressions on the faces of the young man and woman, she began to suspect that something had happened to Mr. Defendant only had .46 on him at the time of his arrest. App.11/2/05), writ denied, 05-2485 (La.3/24/06), 925 So.2d 1225. STATEMENT OF FACTSKersey Le Jeune and his wife owned and operated Lejeune's Grocery on Highway 190 near Opelousas. Le Jeune woke up and saw a young man walking toward her through the bathroom that connected the store to the apartment. Le Jeune went into the store where she saw a young woman, Aimee Bollich. Le Jeune looked around, but she did not see her husband. Investigators also found .00 in the car: two tens, four fives, and twenty-eight ones. This court has previously stated that, if the State proves a defendant participated in an armed robbery and someone was killed during the offense, it has sufficiently proven that the defendant was a principal to the offense of second degree murder.
After considering the evidence and argument presented at the hearing, the district court denied the first motion for new trial but granted the supplemental motion for new trial. Respondent's conviction for second degree murder is hereby reinstated and the case is remanded for sentencing. Singleton, an unpublished opinion bearing docket number 05-922 (La. Defendant now appeals and asserts four assignments of error. Investigators discovered a license plate registered to Guillory's father in the trunk. Le Jeune, who was still alive and in getting away from Guillory, than in assisting Guillory in fleeing the crime scene. ASSIGNMENT OF ERROR NUMBER ONEDefendant argues that “[t]he trial court denied Justin Singleton a fair trial because the court denied peremptory challenges in violation of [Batson ] without a primae [sic] facie showing of discriminatory intent and then released a juror after commencement of trial without just cause.” Defendant contends that, under Purkett v. The State observes that Batson has been codified in Louisiana under La. Accordingly, the district court's judgment granting Respondent's motion for new trial is hereby reversed, vacated, and set aside. Although Officer Venable also saw the handgun in the armrest, he did not touch it. Landry Parish Sheriff's Office, helped investigate Mr. The car's license plate was discovered in the front passenger side seat. If Defendant had been an innocent party leaving the store after discovering Guillory's crime, he would likely have been more interested in getting help for Mr. Accordingly, we find that this assignment of error is without merit. The State points out that abuse of discretion is the proper standard for reviewing a district court's rejection of a race neutral factual basis. The vehicle depicted in the State's photographs appeared to be the same one he saw leaving the parking lot. Leger went into the store, but he was asked to leave by a woman and man standing behind the counter. Cameron Snyder, a forensic pathologist with the Lafayette Parish Coroner and Forensic Facility, testified for the State as an expert in the field of medicine with a specialty in forensic pathology. Officer Venable had also taken money from the man at the rear of the vehicle and placed it on the front passenger seat. Knox, 609 So.2d 803 (La.1992), Batson extends to actions by defendants as well as the State. The young lady indicated that she was a nurse and went into the store, accompanied by her husband. Pierrotti identified a vehicle stopped at a Chevron station in Church Point as the car he saw at the store. Keelin Leger lives on a road half of a mile from Highway 190. Leger left his house on the afternoon of March 4, 2003, to walk to Le Jeune's Grocery. Leger noticed an older model yellow Caprice leaving the parking lot and going east on Highway 190. The gun would have necessarily have been about five feet seven inches from the ground when it was fired. Bollich is a registered nurse with a bachelor's degree. Bollich, whom was living with her grandmother in Eunice, traveled with Jared Monceaux, who she later married, to visit her father in Swords. Officer Venable placed the license plate on the front passenger seat.
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Snyder observed two gunshot wounds to the back right side of Mr. Patrolman Valair identified Defendant as the driver of the car, noting that Defendant had been wearing braids in his hair and a doo-rag, which Defendant later removed. Replacing the juror with the alternate under the overall circumstances was a proper exercise of the trial judge's discretion. Even though the jurors in Defendant's case were not sequestered to the same extent as those in the Fuller case, the trial court had ordered the jurors not to discuss the case with anyone, including other jurors. The State sought supervisory review of the district court's ruling; it did not appeal. 930.8, this court instructs the trial court both to inform Defendant of the time delays for seeking post-conviction relief by sending written notice to Defendant within thirty days of the rendition of this opinion and to file written proof in record showing that Defendant received the notice.