STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0670 VERSUS

LISA MARIE CAUSER JUL 222019 In Re: Lisa Marie Causer, applying for writs, supervisory 21st Judicial District Court, Parish of Livingston, No. 116468.

BEFORE: McCLENDON, HIGGINBOTHAM, AND LANIER, JJ.

WRIT GRANTED. Relator' s conviction for an resisting officer is reversed, the sentence is vacated, and relator is ordered discharged. Essential to a conviction for resisting an officer is the defendant' s knowledge of his or her arrest or impending detention. State v. Nix, 406 So. 2d 1355, 1357 ( La. 1981)( per curiam); State v. Knowles, 40, 324 ( La. 2d Cir. App. 12/ 30/ 05), 917 So. 2d 1262, 1273. Here, the deputy failed to convey his intention to detain relator. Futhermore, based on our independent review of the residential security footage and the testimony presented at trial, even the evidence in viewing the light most favorable to the State, this court finds the State failed to prove beyond a reasonable doubt relator intentionally and knowingly interfered with, opposed, resisted, or obstructed the deputy in making a lawful arrest or detention.

Thus, relator' s conviction must be reversed.

PMC TMH

Lanier, J., dissents.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY' fl, RK OF COURT FOR THE COURT