Supreme Court of Louisiana, 2017

State v. Broyard

State v. Broyard
Supreme Court of Louisiana · Decided February 10, 2017 · Genovese, Johnson
210 So. 3d 799; 2017 WL 550038; 2017 La. LEXIS 288 (Southern Reporter, Third Series)

State v. Broyard

Opinion of the Court

PER CURIAM:

I,Writ granted. The district court’s order granting defendant’s motion to quash is reversed. A criminal proceeding or case encompasses the time during which the district attorney is determining whom, when, and how to prosecute. See La, C.Cr.P. art. 61. This includes the 90-day or 150-day timeframe the state possesses to charge an individual who has not been kept in continued custody with either a misdemeanor or a felony offense. See La. C.Cr.P. art. 701(B)(2). This matter is remanded to the district court for further proceedings consistent with this order.

JOHNSON, C.J. dissents. GENOVESE, J„ dissents.

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