State v. Broyard

Supreme Court of Louisiana

State v. Broyard

210 So. 3d 799, 2017 WL 550038, 2017 La. LEXIS 288

Supreme Court of Louisiana·Decided February 10, 2017·No. No. 2016-K-0102·Published

Opinion

PER CURIAM:

I,Writ granted. The district court’s order granting defendant’s motion to quash is reversed. A criminal proceeding or case encompasses the time during which the district attorney is determining whom, when, and how to prosecute. See La, C.Cr.P. art. 61. This includes the 90-day or 150-day timeframe the state possesses to charge an individual who has not been kept in continued custody with either a misdemeanor or a felony offense. See La. C.Cr.P. art. 701(B)(2). This matter is remanded to the district court for further proceedings consistent with this order.

JOHNSON, C.J. dissents. GENOVESE, J„ dissents.

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PER CURIAM:

I,Writ granted. The district court’s order granting defendant’s motion to quash is reversed. A criminal proceeding or case encompasses the time during which the district attorney is determining whom, when, and how to prosecute. See La, C.Cr.P. art. 61. This includes the 90-day or 150-day timeframe the state possesses to charge an individual who has not been kept in continued custody with either a misdemeanor or a felony offense. See La. C.Cr.P. art. 701(B)(2). This matter is remanded to the district court for further proceedings consistent with this order.

JOHNSON, C.J. dissents. GENOVESE, J„ dissents.

State v. Broyard, 210 So. 3d 799, 2017 WL 550038, 2017 La. LEXIS 288 (La. 2017).

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