KA-0018-0678 Nonprecedential Reversed and remanded Processed

State of Louisiana v. Damon Broussard

Louisiana Court of Appeal, Third Circuit · Filed March 13, 2019

Opinion text

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

18-678
STATE OF LOUISIANA
VERSUS
DAMON BROUSSARD
Sea He A A
APPEAL FROM THE

FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF ACADIA, NO. CR 81972
HONORABLE JOHN D. TRAHAN, DISTRICT JUDGE

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VAN H. KYZAR
JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Shannon J. Gremillion,
and Van H. Kyzar, Judges.

REVERSED AND REMANDED.

p. 2

Keith A. Stutes

District Attorney

Roger P. Hamilton, Jr.

Assistant District Attorney

Fifteenth Judicial District

P.O. Box 288

Crowley, LA 70527

Phone (337) 783-8831

COUNSEL FOR APPELLANT:
State of Louisiana

J. Kevin Stockstill

300 Stewart Street

Lafayette, LA 70501

Phone (337) 262-0203

COUNSEL FOR DEFENDANT/APPELLEE:
Damon Broussard

p. 3

KYZAR, Judge.

The State of Louisiana appeals from a trial court judgment granting a motion
to quash a bill of indictment charging the defendant, Damon Broussard, with one
count of molestation of a juvenile. The defendant was indicted by a grand jury with
one count of molestation of a juvenile, in violation of La.R.S. 14:81.2. The
indictment was filed in the trial court on February 19, 2014, under trial court docket
number 81972. He was also indicted by a grand jury on one count of indecent
behavior with a juvenile, in violation of La.R.S. 14:81, and one count of molestation
of a juvenile, in violation of La.R.S. 14:81.2, under trial court docket number 81971.
The defendant was prosecuted simultaneously with common pleadings and hearings,
although the cases were not officially consolidated or joined. The same motion to
quash was filed and granted by the trial court under both docket numbers. The
appeal of trial court docket number 81971 is the subject of a separate appeal with
this court in State of Louisiana v. Damon Broussard, 18-677. The issues as to each
appeal are identical.

For the reasons set forth in State of Louisiana v. Damon Broussard, 18-677
(La.App.3 Cir. / /19),__ So.3d ___, we reverse the decision of the trial court and
remand for proceedings consistent herewith.