State Of Louisiana v. Anthony Miller

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 1364

VERSUS

ANTHONY MILLER DECEMBER 20, 2021

In Re: State of Louisiana, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, Nos. 21 - CR - 61, 21 - CR - 62, and 21 - CR - 63.

BEFORE: WELCH, THERIOT, AND PENZATO, JJ.

WRIT GRANTED. The trial court erred by dismissing the case against the defendant. The dismissal of a prosecution rests entirely within the discretion of the prosecuting attorney. La. Code Crim. P. art. 691; State v. Papuan, 2017- 0028 ( La. App. 1st Cir. 11/ 2/ 17), 256 So. 3d 1091, 1095, writ denied, 2017- 2028 La. 10/ 29/ 18), 255 So. 3d 572. See also La. Code Crim. P. art. 729. 5( A). Therefore, the trial court' s ruling dismissing the case against the defendant is reversed, the charges are reinstated, and this matter is remanded to the trial court for further proceedings consistent with this ruling.

JEW

MRT

AHP

RT OF APPEAL, FIRST CIRCUIT

DE PUTRJLE, -/ K d

OF COURT

FOR THE COURT