Opinion
NO. 2014 KW 1478
02-27-2015
STATE OF LOUISIANA v. ANTOINE WILLIAMS
In Re: Antoine Williams, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 97243. BEFORE: McDONALD, CRAIN AND HOLDRIDGE, JJ.
WRIT GRANTED. Relator was convicted of three counts of armed robbery following a jury trial in which the State's case rested on identification testimony, and at which relator presented a defense of misidentification. Relator timely filed an application for DNA testing wherein he provided articulable doubt based on competent evidence, and there is a reasonable likelihood that the DNA testing will resolve the doubt and establish relator's innocence. Therefore, the district court erred when it denied the application for postconviction DNA testing. See La. Code Crim. P. art. 926.1(B) & (C). Accordingly, this matter is remanded, the district court is directed to investigate the availability and integrity of the physical evidence, and to order DNA testing in the event that it determines the results could tend to make relator's guilt more or less probable. La. Code Crim. P. art. 926.1(C) & (D). See State v. Debrow, 2013-1814 (La. 5/23/14), 138 So. 3d 1229 (per curiam). In all other respects, the writ application is denied.
JMM
WJC
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT