Opinion
2022 KW 0901
10-11-2022
Danielle Bordelon-Williams, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 21-CR5-146929.
BEFORE: WHIPPLE, C.J., GUIDRY AND WOLFE, JJ.
WRIT DENIED. When a defendant files a preliminary plea, the running of the prescriptive period shall be suspended until the ruling of the court thereon, but in no case shall the State have less than one year after the ruling to commence the trial. La. Code Crim. P. art. 580(A). Accordingly, the one-year prescriptive period was suspended by relator's October 28, 2021 motion for discovery until, at the earliest, October 28, 2022, and the district court did not err in denying relator's June 15, 2022 motion to quash.
VGW
JMG
EW