State Of Louisiana v. Devon Richard

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA
NO. 2019 KW 0967
VERSUS

DEVON RICHARD

SEP 3 0 2019
In Re: Devon Richard, applying for supervisory writs, 17th
Judicial District Court, Parish of Lafourche, No.
509005.

BEFORE: MCDONALD, THERIOT, AND CHUTZ, JJ.

WRIT DENIED. The failure to file a pretrial motion to
quash waives any challenge to the grand
jury. See La. Code
Crim. P. arts. 535( C), 521( A), & 535( D). Furthermore, the
criminal court minutes were amended in accordance with the grand
jury transcript to show that twelve grand jurors were present
and that at least nine jurors concurred in the indictment in
this case.

the
When there is a discrepancy between the minutes and
transcript, the transcript prevails. State v. Lynch, 441
So. 2d 732 ( La. 1983). Therefore,
the district court did not err
by denying the motion and no contradictory hearing is required.
im
MRT
WRC

COURT OF APPEAL, FIRST CIRCUIT

4 DEPUTY C ERK OF COURT
FOR THE COURT