Appeals court affirms 50-year sentence

Justices strike trial judge’s finding of deadly weapon use in firearm case

An appellate court ruled Thursday that a Bowie County jury’s 50-year sentence will stand, but tossed out a finding by the trial judge.

Marcus Ramone Leslie, 29, was found guilty of being a previously convicted felon in possession of a firearm at the end of a jury trial in April. After hearing testimony about Leslie’s prior record and arguments concerning the punishment he should receive, the jury sentenced Leslie to 50 years.

Fifth District Judge Bill Miller entered a finding that Leslie used a deadly weapon in the commission of the offense. But the 6th District Court of Appeals headquartered in Texarkana rejected the finding, noting that “mere possession” of a gun isn’t enough to meet the legal standard required to find a deadly weapon was used. Such a finding requires that a defendant actually brandished a weapon in the commission of the crime or while fleeing after committing a felony, putting the lives of others at risk.

The higher court characterized Miller’s finding that Leslie used a deadly weapon as “erroneous.”

A deadly weapon finding can have a big influence on how much time an offender spends behind bars before becoming eligible for parole or mandatory release. Mandatory release occurs when the actual time a defendant has served plus their accumulated good time equals the length of their sentence. Offenders whose judgments

include a deadly weapon finding are not eligible for mandatory release.

Leslie was originally charged with theft of a firearm and possession of a firearm by a felon. The jury acquitted Leslie on the theft charge, likely because of testimony from a witness who said Leslie borrowed, not stole, the pistol he was found guilty of possessing.

Possession of a firearm by a felon is typically punishable by two to 10 years in prison. Leslie’s prior felony convictions allowed prosecutors to twice enhance the punishment range, meaning Leslie faced five to 99 years or life for the offense. Leslie’s priors include burglary of a building, residential burglary, multiple assaults, multiple aggravated robberies, terroristic act and theft.

Leslie is being held in the Connally Unit of the Texas Department of Criminal Justice in Karnes County. TDCJ lists Leslie’s parole eligibility date as May 22, 2039.