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State v. Trepagnier

Court of Appeal of Louisiana, Fourth Circuit

November 19, 2014

STATE OF LOUISIANA
v.
MERVIN TREPAGNIER

APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 519-712, SECTION " D" . Honorable Frank A. Marullo, Judge.

REVERSED AND REMANDED.

Leon A. Cannizzaro, Jr., District Attorney, J. Bryant Clark, Jr., Assistant District Attorney, PARISH OF ORLEANS, New Orleans, LA, COUNSEL FOR APPELLANT/STATE OF LOUISIANA.

Mary C. Hanes, LOUISIANA APPELLATE PROJECT, New Orleans, LA, COUNSEL FOR DEFENDANT/APPELLEE.

(Court composed of Judge Terri F. Love, Judge Daniel L. Dysart, Judge Rosemary Ledet).

OPINION

Rosemary Ledet, Judge

Page 671

[2014-0808 La.App. 4 Cir. 1] This is a criminal case. The State of Louisiana seeks a review of the district court's ruling granting Mervin Trepagnier's motion to quash the amended bill of information charging him with unauthorized use of a movable valued at $500.00 or more. Because we find the trial court erred in granting Mr. Trepagnier's motion to quash, we reverse and remand the case for further proceedings.

STATEMENT OF THE CASE

In March 2014, Mr. Trepagnier was charged by bill of information with one count of theft in an amount of five hundred dollars or more, a violation of La. R.S. 14:67(B)(1). In April 2014, Mr. Trepagnier was arraigned and pled not guilty. In May 2014, the bill of information was amended to charge Mr. Trepagnier with one count of unauthorized use of a moveable in an amount of over five hundred dollars, a violation of La. R.S. 14:68(B). In June 2014, a preliminary hearing was held; and the district court found no probable cause. Also, in June 2014, Mr. Trepagnier filed a motion to quash based on La. C.Cr.P. art. 535(A)(1), alleging that [2014-0808 La.App. 4 Cir. 2] the State failed to charge an offense punishable under a valid statute.[1] In July 2014, following a hearing, the trial court granted Mr. Trepagnier's motion to quash. This appeal followed.

STATEMENT OF THE FACTS

The record before us is limited to certain pre-trial documents and the transcripts from the preliminary hearing and the hearing on the motion to quash. In the arrest warrant, New Orleans Police Officer (" NOPD" ) Sabrina James attested to the following:

On October 2, 2013, the ...

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