Opinion
NO. 2019 KW 1706
05-12-2020
STATE OF LOUISIANA v. XAVIER R. JOHNSON
In Re: State Of Louisiana, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 18-WFLN-832. BEFORE: WELCH, HOLDRIDGE, AND PENZATO, JJ.
WRIT GRANTED. The trial court's ruling granting the motion to quash the bill of information is reversed. On the face of the pleadings, the State charged an offense punishable under a valid statute, namely La. R.S. 14:402. See State v. Thomas, 2012-0470 (La. App. 1st Cir. 11/14/12), 111 So.3d 386, 388-89. This matter is remanded to the trial court for further proceedings.
JEW
AHP
Holdridge, J., concurs. This ruling does not relieve the State of its burden of proof at trial. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT