Monserrate v. State

This is an appeal from the Lake Criminal Court wherein the appellant was tried by jury before Special Judge T. Cleve Stenhouse. The jury found that the appellant was guilty of first degree murder, that he was twenty-three [23] years of age, and that he should suffer death. He was sentenced accordingly.

The appellant was jointly indicted for first degree murder with Luis Antonio Montes and Geraldo Torres Resto for the shooting and killing of Sharon Diane Potts, age nineteen [19]. Resto was granted a separate trial and Montes, who was sixteen [16] years of age at the time of the trial, was tried…