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