KA-0019-0043 Nonprecedential Processed

State of Louisiana v. Will Antonio Celestine

Louisiana Court of Appeal, Third Circuit · Filed November 25, 2020

Also decided on this docket: La. Ct. App. 3d Cir., October 2, 2019

Authorities cited

Identified automatically; this list may not be exhaustive.

281 So. 3d 14 not in our corpus
296 So. 3d 1044 not in our corpus

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

KA 19-43

STATE OF LOUISIANA

VERSUS

WILL ANTONIO CELESTINE

**********

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

**********

BILLY HOWARD EZELL
JUDGE

**********

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

CONVICTION AND SENTENCE VACATED;
REMANDED FOR NEW TRIAL.

p. 2

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

p. 3

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.

p. 4