Appeal denied for man linked to home invasion
The state Supreme Court has denied an appeal by a man who was convicted on multiple charges, including aggravated battery in 2015, in state district court.
Marlon Frank Thomas, 40, was convicted of aggravated battery, attempted armed robbery, attempted armed robbery with a firearm and aggravated burglary.
Thomas had a prior conviction for manslaughter and was on parole at the time of his arrest.
Authorities said Thomas, along with another man, took part in a home invasion in 2011 that resulted in the resident being shot in the back.
The victim was unable to identify Thomas but DNA evidence retrieved from a glove at the scene linked him to the crime.
Thomas has alleged in his appeals that the evidence was insufficient to prove beyond a reasonable doubt that he was one of the masked men who took part in the home invasion and that he did not confess to anything in this case.
Dionte Eugene Daughtery was sentenced to 40 years in prison for his role in the crime.
Judge Guy Bradberry sentenced Thomas to prison in 2015.
His sentence included: aggravated battery, five years; aggravated burglary, 15 years; attempted armed robbery, 35 years; and attempted armed robbery with a firearm, five years.
Thomas filed a written motion not long after his conviction to reconsider his sentence but the court denied it without a hearing.