State of Louisiana v. Will Antonio Celestine

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

KA 19-43

STATE OF LOUISIANA

VERSUS

WILL ANTONIO CELESTINE

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APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 20529-17 HONORABLE G. MICHAEL CANADAY, DISTRICT JUDGE

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BILLY HOWARD EZELL JUDGE

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

CONVICTION AND SENTENCE VACATED; REMANDED FOR NEW TRIAL. John Foster DeRosier, District Attorney Karen C. McLellan, Assistant District Attorney Fourteenth Judicial District P. O. Box 3206 Lake Charles, LA 70602-3206 (337) 437-3400 COUNSEL FOR APPELLEE: State of Louisiana

Mary Constance Hanes P.O. Box 4015 New Orleans, LA 70178 (504) 866-6652 COUNSEL FOR DEFENDANT/APPELLANT: Will Antonio Celestine

Jeffrey M. Landry, Attorney General J. Taylor Gray, Assistant Attorney General P.O. Box 94005 Baton Rouge, LA 70804 (225) 326-6200 COUNSEL FOR OTHER APPELLEE: Attorney General of the State of Louisiana EZELL, Judge.

On January 8, 2018, Defendant, Will Antonio Celestine, was adjudicated a

fourth felony offender for the offense of attempted illegal use of a weapon and

sentenced to life imprisonment without benefit of probation, parole, or suspension

of sentence. On appeal, Defendant alleged trial counsel rendered ineffective

assistance at sentencing because he failed to file a motion to reconsider

Defendant’s sentence and/or seek a downward departure from the mandatory life

sentence, and his sentence was excessive. This court affirmed Defendant’s

sentence. State v. Celestine, 19-43 (La.App. 3 Cir. 10/2/19), 281 So.3d 14.

On June 3, 2020, the supreme court granted Defendant’s writ application in

State v. Celestine, 19-1966 (La. 6/3/20), 296 So.3d 1044, and remanded the case

for further proceedings. For the reasons set forth in State v. Celestine, 19-42

(La.App. 3 Cir. __/__/__), ___ So.3d ___, Defendant’s sentence is vacated, and the

case is remanded for a new trial.

CONVICTION AND SENTENCE VACATED; REMANDED FOR NEW TRIAL.