State Of Louisiana v. Anthony Miller

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