State of Louisiana v. Chadwick McGhee

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

15-286

STATE OF LOUISIANA

VERSUS

CHADWICK MCGHEE

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APPEAL FROM THE

TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES, NO. 181216 HONORABLE WILLIAM J. BENNETT, DISTRICT JUDGE

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SHANNON J. GREMILLION

JUDGE

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Court composed of James T. Genovese, Shannon J. Gremillion, and Phyllis M. Keaty, Judges.

SENTENCE VACATED.

Charles A. Riddle, III District Attorney, Twelfth Judicial District Court Michael F. Kelly Assistant District Attorney P. O. Box 1200 Marksville, LA 71351 (318) 253-5815 COUNSEL FOR APPELLEE:

State of Louisiana

Paula C. Marx Louisiana Appellate Project P. O. Box 80006 Lafayette, LA 70598-0006 (337) 991-9757 COUNSEL FOR DEFENDANT/APPELLANT:

Chadwick McGhee

Chadwick McGhee Louisiana State Penitentiary Main Prison - Walnut 4 Angola, LA 70712 PRO SE

GREMILLION, Judge.

On July 9, 2014, Defendant, Chadwick McGhee, was found guilty of simple

kidnapping, in violation of La.R.S. 14:45. On October 14, 2014, Defendant was

adjudicated a third-felony offender.1

On November 12, 2014, Defendant was sentenced to life imprisonment

without benefit of probation, parole, or suspension of sentence. In docket number

15-285, the simple kidnapping conviction which led to Defendant being

adjudicated a habitual offender, we vacated Defendant’s conviction on the basis of

insufficient evidence. Accordingly, Defendant’s life sentence is vacated.

SENTENCE VACATED.

1 We note that the trial court incorrectly stated that Defendant had been convicted of second degree kidnapping, when he was in fact convicted of simple kidnapping. That conviction is the subject of Docket No. 15-285.