2023KW1169 Nonprecedential Processed

State Of Louisiana v. Brandon L. Applewhite

Louisiana Court of Appeal, First Circuit · Filed January 19, 2024

Opinion text

STATE OF LOUISIANA

STATE OF LOUISIANA NO. 2023 KW 1169

VERSUS

BRANDON APPLEWHITE
JANUARY 19, 2024

In Re: Brandon Applewhite, for
applying supervisory writs,
22nd Judicial District Court, Parish of St. Tammany,
No. 0442- F- 2022.

BEFORE: WELCH, HOLDRIDGE, I AND WOLFE, JJ.

WRIT GRANTED. The identity of the victim( s) is substantial
and not descriptive element of the
merely a charged offenses.
See La. Code Crim. P. art. 473. Relator is prejudiced by the
state' s failure to provide sufficient information the
regarding
identity of the alleged victim( s) of the charged offenses, such
as the victim( s)' age, physical and/ or mental
disability, and
the allegations of unsoundness of mind. Thus, the district
court' s ruling denying relator' s motion to quash the bill of
information is reversed, and the matter is remanded for further
proceedings.

JEW
GH

Wolfe, J.,
dissents and would deny the writ application.

OURT OF APPEAL, FIRST CIRCUIT

PUTY CLERK OF COffk
FOR THE COURT

1 Holdridge, J., retired, serving pro tempore,
by special appointment of the
Louisiana Supreme Court.