State Of Louisiana v. American Electronic Monitoring, LLC

STATE OF LOUISIANA NO. 2023 KW 1247

VERSUS

AMERICAN ELECTRONIC MARCH 1, 2024
MONITORING, LLC

In Re: American Electronic LLC,
Monitoring, applying for
supervisory writs, 20th Judicial District Court,
Parish of West Feliciana, No. 22- WFLN- 238.

BEFORE: WELCH, WOLFE, AND STROMBERG, JJ.

WRIT GRANTED. The conduct alleged against the defendant
does not provide a legal basis for the offense charged. See
State v. DeJesus, 94- 0261 ( La. 9/ 16/ 94), 642 So. 2d 854, 855 ( per
curiam). Furthermore, if it appears that the offense charged was
not committed by the defendant, the trial court may order the
indictment quashed, and it may indeed be reversible error to
fail to do so. La. Code Crim. P. arts. 485, 532 ( A) ( 4) ; State v.
Robinson, 2020- 01389 ( La. 3/ 9/ 21), 312 So. 3d 255, 256 ( per
curiam).
Accordingly, the district court erred by not ordering
the bill of information quashed. The ruling denying the motion
to quash is reversed, the motion is granted, and this matter is
remanded to the district court for further proceedings.

EW
TPS

Welch, J., concurs.

URT OF APPEAL, FIRST CIRCUIT

I

TY CLERK OF COURT
FOR THE COURT