State v. Wills

740 So. 2d 741, 1999 WL 395437
CourtLouisiana Court of Appeal
DecidedJune 16, 1999
Docket32,073-CA
StatusPublished
Cited by12 cases

This text of 740 So. 2d 741 (State v. Wills) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wills, 740 So. 2d 741, 1999 WL 395437 (La. Ct. App. 1999).

Opinion

740 So.2d 741 (1999)

STATE of Louisiana, Appellee,
v.
Everett Charles WILLS, Jr., Appellant.

No. 32,073-CA.

Court of Appeal of Louisiana, Second Circuit.

June 16, 1999.

*742 Harvetta S. Colvin, Shreveport, Counsel for Appellant.

Richard Ieyoub, Attorney General, Paul J. Carmouche, District Attorney, Donna Hall, Tommy J. Johnson, Assistant District Attorneys, Counsel for Appellee.

Before BROWN, PEATROSS & KOSTELKA, JJ.

*743 PEATROSS, J.

This criminal appeal arises from the First Judicial District Court, Parish of Caddo, the Honorable Leon L. Emmanuel, III, presiding. Defendant Everett Charles Wills, Jr. pled guilty to armed robbery and attempted second degree murder, in violation of La. R.S. 14:64 and 14:30.1, respectively. On the charge of armed robbery, the trial court sentenced Defendant to 5 years at hard labor without benefit of probation, parole or suspension of sentence. On the charge of attempted second degree murder, the trial court sentenced Defendant to 15 years at hard labor to run concurrent with any other sentence imposed. Defendant appeals, assigning the following five errors: (1) the trial court erred in refusing to review, prior to sentencing, exhibits, documents and other information proffered at the sentencing hearing; (2) the trial court erred in refusing to allow evidence to be proffered at the sentencing hearing; (3) the trial court erred in denying Defendant's motion to review documents and other information at the sentencing hearing; (4) the trial court erred in its determination that Defendant was the shooter; and (5) the sentence imposed by the trial court is excessive. For the reasons stated herein, Defendant's conviction and sentence are affirmed.

FACTS

On June 11, 1995, at approximately one o'clock a.m., Defendant Everett Charles Wills ("Defendant") and his companion, Zurich Snow ("Snow"), called a taxicab to Defendant's residence on Lillian Street in Shreveport. The cab, driven by Richard Johnson, arrived at the house, and the two men exited the house and got into the cab. Defendant was armed with a semi-automatic pistol. They ordered Mr. Johnson to take them to a dark section of Shreveport-Blanchard Highway. One of the two men brandished the firearm and demanded money from Mr. Johnson. That same individual ordered Mr. Johnson out of the car, placed the gun to the side of Mr. Johnson's head (in the area of his jawline) and fired, shooting him through the head. Defendant and Snow left Mr. Johnson on the highway and drove the cab to a nearby intersection where, after wiping the cab down for any fingerprints, they abandoned the vehicle.

Miraculously, Mr. Johnson survived the shooting, and a passing police officer found him and called for aid. Mr. Johnson was able to scrawl on a piece of paper the address where he had picked up Defendant and Snow. Police officers then went to the address and spoke with Defendant. Initially, Defendant denied ever calling a cab. In later statements to police, however, he admitted calling the cab, but stated that the cab never came. Finally, Defendant admitted his part in the armed robbery, but denied that he was the shooter.[1]

PROCEDURAL BACKGROUND

Procedurally, this case presents an interesting scenario. Defendant pled guilty to armed robbery and attempted second degree murder, but specifically stated he was not pleading guilty as the shooter. At the guilty plea, entered on October 30, 1997, the trial judge explained the possible penalties for each offense, noting that a plea agreement had been reached regarding the sentence on the armed robbery charge, which he stated to be 5 years without benefit of probation, parole or suspension of sentence. With respect to the charge of second degree murder, Defendant qualified his guilty plea as follows:

MR. GLASSELL [Defendant's trial counsel]: That's correct, Your Honor, [Defendant] would tender a guilty plea to the charge of armed robbery and *744 would tender a guilty plea to the charge of attempted second degree murder. On the attempted second degree murder charge he's pleading guilty as a principal, not as the actual shooter. And I think we've talked about sentencing and I'd like for you to put something on the record about sentencing at this time. (Emphasis added.)

The trial judge stated that he had determined a sentencing range after meeting with Defendant's lawyer and that Defendant's sentence would be based on a later determination of whether Defendant was or was not the shooter. Such determination would be based on evidence beyond a reasonable doubt either way, as the trial judge stated:

THE COURT: Secondly, you're going to enter a plea of guilty to attempted second degree murder, and the Court is not sentencing you on that today; however, the Court will state for the record that pursuant to [sic] discussion with the State and your lawyer, the Court, not by agreement between your lawyer and the State but with the Court, the Court has decided of a sentencing range. That range would be a minimum of eight years at hard labor and a maximum of 30 years at hard labor.
The court will make its final determination of the actual sentence based upon two things, first of all, based upon evidence which will be presented to this Court. If the Court is persuaded based upon the evidence or is convinced beyond a reasonable doubt based upon the evidence that you were not the shooter, then you will receive eight years. If based upon the evidence presented at trial, the Court is persuaded beyond a reasonable doubt that you were the shooter, the maximum that you could get is 30 years, but the Court will take a second consideration hearing based upon additional testimony at a sentencing hearing. Do you understand what I'm saying?
THE DEFENDANT: Yes, sir.

The trial judge went on to properly inform Defendant of his rights pursuant to Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969). The State then offered the following recitation of the facts:

MR. OWEN: Your Honor, on June 11, 1995 this defendant Everett Charles Wills did in concert or with the defendant, with Zurich Snow, planned to commit an armed robbery. Either of these individuals called a cab to come to the house on Lillian Street where Everett Charles Wills did reside at that time. The cab came, Everett Charles and Zurich Snow entered the back of that cab while Everett Charles Wills was armed with a pistol, semi-automatic. The two individuals then asked the driver to drive them to a location. One of the individuals brandished the firearm and demanded money. One of the individuals then demanded that the defendant— I mean, that the victim, the driver of the cab, exit the vehicle, while one of the two individuals got into the driver's seat of the vehicle. The other individual put the gun to the back of the cab driver's head and pulled the trigger. The the [sic] cab driver was shot through the head. The bullet entered the back of his skull and exited through the front of his skull. He survived and a police officer passing by called for aid.
The victim then scrawled the address that he had picked up the two people that had robbed and shot him at. The police then went to that address where this individual answered the door and denied ever calling a cab. Upon further investigation the police returned, this individual then admitted that he did call a cab but it never came.

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Cite This Page — Counsel Stack

Bluebook (online)
740 So. 2d 741, 1999 WL 395437, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wills-lactapp-1999.