Opinion
NO. 2015 KW 0843
08-21-2015
STATE OF LOUISIANA v. TYREE MILLER, RODERICK WHITE, DESHON WILLIAMS, KYLE COLEMAN, CARLOS BROWN
In Re: Deshon Williams, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 01-15-0006. BEFORE: McDONALD, McCLENDON AND THERIOT, JJ.
WRIT DENIED. The trial court's ruling denying the motion to quash is affirmed. Whether the serial number on the gun was obliterated is a factual issue to be resolved by the trier of fact at a trial on the merits. See State v. Byrd, 96-2302 (La. 3/13/98), 708 So.2d 401, 411, cert. denied, 525 U.S. 876, 119 S.Ct. 179, 142 L.Ed.2d 146 (1998).
MRT
JMM
McClendon, J., concurs and would deny on the showing made. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT