Supreme Court of Louisiana, 1985

State v. Groth

Supreme Court of Louisiana · Decided April 19, 1985 · Calogero, Dennis, Dixon, Grant, Writ

466 So. 2d 451; 1985 La. LEXIS 8543 (Southern Reporter, Second Series)

Opinion of the Court

In re: Groth, Troy Lynn; Applying for Writ of Certiorari and/or Review; to the Court of Appeal, Fourth Circuit, No. K 2856; Parish of Orleans, Criminal District Court, Div. “F” No. 284-791.

Prior report: La.App., 463 So.2d 613.

*452Granted. The judgments of the lower courts are set aside. The case is remanded to the trial court for an evidentiary hearing on whether the period of limitation was interrupted.

DIXON, C.J., and CALOGERO, J., would grant the writ.

Concurring Opinion

DENNIS, J.,

would grant to consider whether there is evidence in the record to support a conclusion that prescription was interrupted because the defendant’s presence for trial could not be obtained by legal process. See C.Cr.P. Art. 579.

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