State of Louisiana v. Chasity Andrews

• Court: Louisiana Court of Appeal
• Decided: January 15, 2020
• Docket: 2019-KA-0606
• Status: Published

Opinion

STATE OF LOUISIANA * NO. 2019-KA-0606

VERSUS * COURT OF APPEAL

C.A. * FOURTH CIRCUIT

* STATE OF LOUISIANA

*

* *******

LOBRANO, J., CONCURS IN PART AND DISSENTS IN PART WITH REASONS.

I concur with the majority’s finding that the criminal district court

lacked jurisdiction over Defendant to try her for the offense of indecent

behavior with a juvenile. However, I respectfully dissent from majority’s

finding that the criminal court lacked jurisdiction on the charges of

aggravated rape. I find that Defendant was correctly tried in criminal court

on the charge of aggravated rape in light of the Louisiana Supreme Court

case of State v. I.C.S.,13-1023, p. 8 (La. 7/1/14), 145 So.3d 350, 354 (where

the Court endorsed the prosecution in criminal court of two defendants, ages

20 and 21, indicted on two counts of aggravated rape and one count of

indecent behavior with a juvenile arising from conduct committed when they

were 12 and 13 years old stating that “Art. 857(C)(2) applies to the

defendants in this case, and that they, accordingly, ‘shall be prosecuted as an

adult in the appropriate court exercising criminal jurisdiction.’ La. Child.

Code art. 857 (C)(2)”).