State of Louisiana v. Damon Broussard

Louisiana Court of Appeal

State of Louisiana v. Damon Broussard

Louisiana Court of Appeal·Decided March 13, 2019·No. KA-0018-0678·Unknown

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

18-678 STATE OF LOUISIANA VERSUS DAMON BROUSSARD Sea He A A APPEAL FROM THE

FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF ACADIA, NO. CR 81972 HONORABLE JOHN D. TRAHAN, DISTRICT JUDGE

oe ok oe 28 ok 9k oe ok ok ok

VAN H. KYZAR JUDGE

ae fe Ae ie ok is oie a oe ok

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J. Gremillion, and Van H. Kyzar, Judges.

REVERSED AND REMANDED. Keith A. Stutes

District Attorney

Roger P. Hamilton, Jr.

Assistant District Attorney

Fifteenth Judicial District

P.O. Box 288

Crowley, LA 70527

Phone (337) 783-8831

COUNSEL FOR APPELLANT: State of Louisiana

J. Kevin Stockstill

300 Stewart Street

Lafayette, LA 70501

Phone (337) 262-0203

COUNSEL FOR DEFENDANT/APPELLEE: Damon Broussard KYZAR, Judge.

The State of Louisiana appeals from a trial court judgment granting a motion to quash a bill of indictment charging the defendant, Damon Broussard, with one count of molestation of a juvenile. The defendant was indicted by a grand jury with one count of molestation of a juvenile, in violation of La.R.S. 14:81.2. The indictment was filed in the trial court on February 19, 2014, under trial court docket number 81972. He was also indicted by a grand jury on one count of indecent behavior with a juvenile, in violation of La.R.S. 14:81, and one count of molestation of a juvenile, in violation of La.R.S. 14:81.2, under trial court docket number 81971. The defendant was prosecuted simultaneously with common pleadings and hearings, although the cases were not officially consolidated or joined. The same motion to quash was filed and granted by the trial court under both docket numbers. The appeal of trial court docket number 81971 is the subject of a separate appeal with this court in State of Louisiana v. Damon Broussard, 18-677. The issues as to each appeal are identical.

For the reasons set forth in State of Louisiana v. Damon Broussard, 18-677 (La.App.3 Cir. / /19),__ So.3d ___, we reverse the decision of the trial court and remand for proceedings consistent herewith.

REVERSED AND REMANDED.

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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

18-678 STATE OF LOUISIANA VERSUS DAMON BROUSSARD Sea He A A APPEAL FROM THE

FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF ACADIA, NO. CR 81972 HONORABLE JOHN D. TRAHAN, DISTRICT JUDGE

oe ok oe 28 ok 9k oe ok ok ok

VAN H. KYZAR JUDGE

ae fe Ae ie ok is oie a oe ok

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J. Gremillion, and Van H. Kyzar, Judges.

REVERSED AND REMANDED. Keith A. Stutes

District Attorney

Roger P. Hamilton, Jr.

Assistant District Attorney

Fifteenth Judicial District

P.O. Box 288

Crowley, LA 70527

Phone (337) 783-8831

COUNSEL FOR APPELLANT: State of Louisiana

J. Kevin Stockstill

300 Stewart Street

Lafayette, LA 70501

Phone (337) 262-0203

COUNSEL FOR DEFENDANT/APPELLEE: Damon Broussard KYZAR, Judge.

The State of Louisiana appeals from a trial court judgment granting a motion to quash a bill of indictment charging the defendant, Damon Broussard, with one count of molestation of a juvenile. The defendant was indicted by a grand jury with one count of molestation of a juvenile, in violation of La.R.S. 14:81.2. The indictment was filed in the trial court on February 19, 2014, under trial court docket number 81972. He was also indicted by a grand jury on one count of indecent behavior with a juvenile, in violation of La.R.S. 14:81, and one count of molestation of a juvenile, in violation of La.R.S. 14:81.2, under trial court docket number 81971. The defendant was prosecuted simultaneously with common pleadings and hearings, although the cases were not officially consolidated or joined. The same motion to quash was filed and granted by the trial court under both docket numbers. The appeal of trial court docket number 81971 is the subject of a separate appeal with this court in State of Louisiana v. Damon Broussard, 18-677. The issues as to each appeal are identical.

For the reasons set forth in State of Louisiana v. Damon Broussard, 18-677 (La.App.3 Cir. / /19),__ So.3d ___, we reverse the decision of the trial court and remand for proceedings consistent herewith.

REVERSED AND REMANDED.

State of Louisiana v. Damon Broussard, (La. Ct. App. 2019).

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