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STATE OF LOUISIANA FIFTH (NCON NO. 05-KA-635
VERSUS FEB -3 2006 FIFTH CIRCUIT
CARL O. CHRISTIAN, JR. COURT OF APPEAL
TATE OF LOUISIANA
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT
PARISH OF JEFFERSON, STATE OF LOUISIANA
NO. 03-4568, DIVISION "E"
HONORABLE GREG G. GUIDRY, JUDGE PRESIDING

FEBRUARY 3, 2006
SAM A. LEBLANC, III
JUDGE PRO TEMPORE

Panel composedofJudges James L. Cannella,
Walter J. Rothschild and Sam A. LeBlanc, III, Pro Tempore

PAUL D. CONNICK, JR. DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish ofJefferson
TERRY M. BOUDREAUX THOMAS J. BUTLER GEVIN PAUL GRISBAUM
ASSISTANT DISTRICT ATTORNEYS
200 Derbigny Street
Gretna, Louisiana 70053
COUNSEL FOR PLAINTIFF/APPELLEE

MARGARET S. SOLLARS Attorney at Law Louisiana Appellate Project 513 Country Club Boulevard Thibodaux, Louisiana 70301 COUNSEL FOR DEFENDANT/APPELLANT
SENTENCE VACATED AND CASE REMANDED
Defendant, Carl O. Christian, Jr., was indicted by a grandjury on July 17, 2003 and charged with one count of second degree murder in violation ofLa. R.S.
14:30.1 and one count of simple escape in violation of La. R.S. 14:110. He pled not guilty and filed several pre-trial motions. The counts were severed and defendant proceeded to trial on count one, second degree murder, on June 24, 2004. After a two-day trial, the jury found defendant guilty as charged by a vote of eleven to one. Defendant was sentenced to life imprisonment without the benefit ofparole, probation, or suspensionofsentence.
Defendant has appealed, alleging the following three assignments of error:
1)  The trial court erred by not granting defendant's motion to suppress his statements.  
2) 3)  The evidence was insufficient to establish beyond a reasonable doubt that defendant committed second degree murder. Error patent was committed requiring that the conviction and sentence be vacated.  

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