Opinion
2023 KW 0146
03-28-2023
STATE OF LOUISIANA v. MARK E. SPICER, JR.
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 wduld grant the writ 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.