STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0967 VERSUS

DEVON RICHARD SEP 3 0 2019 In Re: Devon Richard, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 509005.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT DENIED. The failure to file a pretrial motion to quash waives any challenge to the grand jury. See La. Code Crim. P. arts. 535( C), 521( A), & 535( D). Furthermore, the criminal court minutes were amended in accordance with the grand jury transcript to show that twelve grand jurors were present and that at least nine jurors concurred in the indictment in this case. the When there is a discrepancy between the minutes and transcript, the transcript prevails. State v. Lynch, 441 So. 2d 732 ( La. 1983). Therefore, the district court did not err by denying the motion and no contradictory hearing is required. im MRT WRC

COURT OF APPEAL, FIRST CIRCUIT

4 DEPUTY C ERK OF COURT FOR THE COURT