STATE OF LOUISIANA NO. 2023 KW 1247 VERSUS

AMERICAN ELECTRONIC MARCH 1, 2024 MONITORING, LLC

In Re: American Electronic LLC, Monitoring, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 22- WFLN- 238.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT GRANTED. The conduct alleged against the defendant does not provide a legal basis for the offense charged. See State v. DeJesus, 94- 0261 ( La. 9/ 16/ 94), 642 So. 2d 854, 855 ( per curiam). Furthermore, if it appears that the offense charged was not committed by the defendant, the trial court may order the indictment quashed, and it may indeed be reversible error to fail to do so. La. Code Crim. P. arts. 485, 532 ( A) ( 4) ; State v. Robinson, 2020- 01389 ( La. 3/ 9/ 21), 312 So. 3d 255, 256 ( per curiam).

Accordingly, the district court erred by not ordering the bill of information quashed. The ruling denying the motion to quash is reversed, the motion is granted, and this matter is remanded to the district court for further proceedings.

EW TPS

Welch, J., concurs.

URT OF APPEAL, FIRST CIRCUIT

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TY CLERK OF COURT FOR THE COURT