State Of Louisiana v. Mark E. Spicer, Jr.

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2023 KW 0146

VERSUS

MARKE. SPICER, JR. MARCH 28, 2023

In Re: Mark E. Spicer, Jr., applying for supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 3932-F-2019.

BEFORE: GUIDRY, C.J., WOLFE AND MILLER, JJ.

WRIT DENIED.

EW
SMM

Guidry, C.J., dissents and wbuld grant the writ
I
application. I find the trial court abused its discretion by
denying relator's motion to quash the aggravating felony of
assault by drive-by shooting supporting count one. The trial
court found that the assault by drive-by shooting and the murder
of Officer Vincent Liberto were part of the same transaction.
However, Officer Liberto was not the target of the drive-by
shooting, and relator had exited his vehicle before allegedly
shooting Officer Liberto. Accordingly, the shooting of Officer
Liberto was not part of a continuous transaction of the assault
by drive-by shooting.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT
FOR THE COURT