State Of Louisiana v. Anthony Miller
This text of State Of Louisiana v. Anthony Miller (State Of Louisiana v. Anthony Miller) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 1364
VERSUS
ANTHONY MILLER DECEMBER 20, 2021
In Re: State of Louisiana, applying for supervisory writs,
20th Judicial District Court, Parish of East
Feliciana, Nos. 21 - CR - 61, 21 - CR - 62, and 21 - CR - 63.
BEFORE: WELCH, THERIOT, AND PENZATO, JJ.
WRIT GRANTED. The trial court erred by dismissing the case against the defendant. The dismissal of a prosecution rests
entirely within the discretion of the prosecuting attorney. La. Code Crim. P. art. 691; State v. Papuan, 2017- 0028 ( La. App. 1st Cir. 11/ 2/ 17), 256 So. 3d 1091, 1095, writ denied, 2017- 2028 La. 10/ 29/ 18), 255 So. 3d 572. See also La. Code Crim. P. art.
729. 5( A). Therefore, the trial court' s ruling dismissing the case against the defendant is reversed, the charges are
reinstated, and this matter is remanded to the trial court for
further proceedings consistent with this ruling.
JEW MRT
AHP
RT OF APPEAL, FIRST CIRCUIT
DE PUTRJLE, -/ K d OF COURT FOR THE COURT
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