State Of Louisiana v. Peter Reimonenq

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0487

VERSUS

PETER REIMONENQ JUNE 04, 2021

In Re: Peter Reimonenq, for 22nd
applying supervisory writs,
Judicial District Court, Parish of St. Tammany, No.
3208- F- 2020.

BEFORE: GUIDRY, McDONALD, AND McCLENDON, JJ.

WRIT GRANTED. The trial court' s ruling denying the motion
to quash is reversed, and counts 2, 3, 4, and 5 in the bill of

information are
hereby quashed. Pursuant to the definition of

child" in La. Ch. Code art. 804( 1)( b), relator, who was

seventeen years old at the time he committed the non- violent

offenses charged in counts 2 through 5, was a child. Further,
the juvenile court has exclusive original jurisdiction over

delinquency proceedings pursuant to Title VIII of the Louisiana
Children' s Code, unless one of the enumerated exceptions set

forth in La. Ch. Code art. 303 is applicable. The State has not
demonstrated that any of the enumerated exceptions set forth in
La. Ch. Code art. 303 are applicable. Therefore, the juvenile
court has exclusive jurisdiction over these alleged offenses,

which requires the State to file a petition in juvenile court.

The criminal district court retains jurisdiction over count 1,
which is defined as a crime of violence in La. R. S. 14: 2( B).

JMG
JMM
PMC

COURT OFrAPPEAL, FIRST CIRCUIT

EPUTY = RK OF COURT
FOR THE COURT