State v. Williams, 85 So. 3d 759

Williams was charged Jan. 20, 2010 with attempted second degree murder and aggravated burglary (originally home invasion); trial concluded Oct. 6, 2010 with convictions on both counts and sentences of 49 and 29 years to run consecutively without parole; he appeals on evidentiary, sufficiency, and consecutiveness challenges.
The victim Sonya Johnson identified Williams as the shooter; her son Jalin Williams also identified him when found hiding in the house.
Two witnesses described seeing a heavyset man in a red hoodie leave Johnson’s home; police found a red hoodie, jeans, a handgun, shell casings, and a cracked kitchen window but no physical evidence tying Williams to the shooting.
The State introduced two prior domestic-violence incidents involving Williams and Johnson to show identity, motive, and intent under La. C.E. art. 404 B(1) with prior notice and Prieur-based framework; the court ruled the probative value outweighed prejudice.
The court vacated the concurrent-sentencing scheme on the grounds that reasons for consecutive sentences were not articulated and remanded for resentencing; it otherwise affirmed convictions and held the firearms-minimums under art. 893.3 applicable, though parole/suspension remained denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence to identify Williams as shooter	State negatived misidentification; victim and son identified Williams	No physical linkage; witnesses could not identify him	Sufficient evidence supports identity beyond reasonable doubt
Admissibility of prior domestic-violence acts under 404 B(1)	Acts admissible to prove identity, motive, intent as integral to the act	Prejudicial; not sufficiently similar or properly noticed	Admissible; probative value outweighed prejudicial effect under Prieur framework
Consecutive sentences—need for particular articulation	Consecutive terms justified by circumstances; appeal as excessive	No need for articulation beyond Art. 894.1 guidelines	Consecutive sentences must be justified on the record; vacated and remanded for resentencing with reasons

State v. Stewart, 909 So.2d 636 (La.App. 4 Cir. 2005) (identity requires negating reasonable mis identification when identity is contested)
State v. Edwards, 750 So.2d 893 (La. 1999) (Manson Brathwaite factors for eyewitness identification credibility)
State v. Lee, 976 So.2d 109 (La. 2008) (Art. 404 B(1) notice and balancing test for other-acts evidence)
State v. Prieur, 277 So.2d 126 (La.1973) (standard for admissibility of other crimes evidence in criminal trials)
State v. Rose, 949 So.2d 1236 (La. 2007) (balancing probative value vs. prejudice; admissibility in prior acts context)
State v. Colbert, 990 So.2d 88 (La. 2008) (prior incidents admissible to show intent/motive where probative value outweighs prejudice)
State v. Moore, 440 So.2d 134 (La. 1983) (modus operandi—similarities between charged and uncharged crimes bolster probative value)
State v. Robicheaux, 865 So.2d 149 (La. App. 5 Cir. 2003) (authoritative context for proportional sentencing in violent-crime scenarios)