Opinion
NO. 2018 KW 0386
06-04-2018
STATE OF LOUISIANA v. LAVAR NELSON
In Re: Lavar Nelson, applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 97-CR3-70793. BEFORE: WHIPPLE, C.J., WELCH AND HIGGINBOTHAM, JJ.
WRIT DENIED. Once an indictment is filed, the child is subject to the exclusive jurisdiction of the appropriate court exercising criminal jurisdiction for all subsequent procedures. See La. Ch. Code art. 305(A)(2). In the instant case, relator was originally indicted by a grand jury with two counts of aggravated rape and one count of aggravated burglary. Thereafter, the juvenile court was properly divested of jurisdiction, and the 22nd Judicial District Court had jurisdiction over relator's case. Furthermore, there is no indication that a pretrial motion to quash challenging the jurisdiction of the district court was filed in this case. See La. Code Crim. P. art. 532(8). Accordingly, although the pleading was incorrectly treated as a motion to reconsider sentence, the district court did not err by denying the motion for a valid sentence as relator's claim is without merit.
VGW
JEW
TMH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT