No. KA-8346 Precedential Processed

State v. Hebert

Louisiana Court of Appeal, First Circuit · Filed April 12, 1988 · 524 So. 2d 120

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Wells 459 So. 2d 648

Opinion text

BARRY, Judge, dissenting. The State has the discretion to nolle pros-equi a charge, then file another bill of information. An exception is when the procedure attempts to circumvent La.C.Cr.P. Art. 578. State v. Wells, 459 So.2d 648 (La.App. 4th Cir.1984). There is nothing here to indicate an intent to circumvent Art. 578. Since the crime alleged in the second bill of information is a felony, the State had two years from institution of prosecution to commence trial.