Opinion
2023 KW 1247
03-01-2024
STATE OF LOUISIANA v. AMERICAN ELECTRONIC MONITORING, LLC
American Electronic Monitoring, LLC, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 22-WFLN-238.
BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.
WRIT GRANTED. The conduct alleged against the defendant does not provide a legal basis for the offense charged. See State v. DeJesus, 94- 0261 (La. 9/ 16/ 94), 642 So.2d 854, 855 (per curiam). Furthermore, if it appears that the offense charged was not committed by the defendant, the trial court may order the indictment quashed, and it may indeed be reversible error to fail to do so. La. Code Crim. P. arts. 485, 532 (A) (4); State v. Robinson, 2020- 01389 (La. 3/ 9/ 21), 312 So.3d 255, 256 (per curiam). Accordingly, the district court erred by not ordering the bill of information quashed. The ruling denying the motion to quash is reversed, the motion is granted, and this matter is remanded to the district court for further proceedings.
EW
TPS
Welch, J., concurs.