Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. A.R.W.

Court of Appeals of Louisiana, First Circuit

February 16, 2018

STATE OF LOUISIANA
v.
A.R.W.

         APEALED FROM THE TWENTY-SECOND JUDICIAL DISTRICT COURT INAND FORTHE PARISH OF ST. TAMMANY STATE OF LOUISIANA DOCKET NUMBER 511962 HONORABLE WILLIAM J. KNIGHT, JUDGE

          Warren L. Montgomery District Attorney Matthew Caplan Assistant District Attorney Covington, Louisiana Attorneys for Appellant State of Louisiana

          Michael L. Capdeboscq Covington, Louisiana Attorney for Appellee A.R.W.

          BEFORE: WHIPPLE, C.J., McDONALD, AND CHUTZ, JJ.

          MCDONALD, J.

         In this case, the St. Tammany Parish District Attorney's Office appeals the district court's grant of an expungement of a conviction for possession of a Schedule 1 controlled dangerous substance (synthetic marijuana) with the intent to distribute, a violation of La. R.S. R.S. 40:1041C, asserting that an expungement was not allowed for that conviction under the facts of this case. After review, we affirm the district court judgment.

         FACTS AND PROCEDURAL HISTORY

         On September 27, 2011, A.R.W.[1] was charged by felony bill of information with supervision of transactions involving the transfer of drug proceeds in violation of La. R.S. 40:1041C (Count 1), and possession of a Schedule 1 controlled dangerous substance (synthetic marijuana) with the intent to distribute in violation of La. R.S. R.S. 40:1041C (Count 2). A.R.W. pled guilty to both counts on September 6, 2012. On each count she was sentenced to three years in the Department of Corrections, the sentence was suspended, and she was placed on active, supervised probation for five years, with the two sentences running concurrently. Further, she was fined $1, 000.00, required to pay court costs, undergo random drug screens at her own expense, pay a $65.00 monthly supervision fee, and comply with the general requirements of probation. Her plea was accepted by the district court pursuant to La. C.Cr.R art. 881.1, with the minutes held open until the conclusion of probation.

         On September 18, 2013, the Louisiana Department of Public Safety and Corrections (the Department) filed a petition for cause, presenting an official report on the conduct and attitude of A.R.W., stating that she had satisfied all of the conditions of probation and was currently enrolled in college. The Department asked that A.R.W.'s probation be terminated early and satisfactorily in accordance with Probation and Parole Supervision Policy 623. On September 25, 2013, after considering the report from the Department, the district court ordered that after payment of fines, costs, and restitution, A.R, W's probation be terminated early and satisfactorily, in accordance with Probation and Parole Supervision Policy 623.

         On April 1, 2014, A.R.W. filed a La. C.Cr.P. article 881.1 motion for resentencing pursuant to La. C.Cr.P. art. 893. On July 3, 2014, the district court granted the motion for resentencing under La. C.C.P. art 881 pursuant to C.Cr.P. art. 893.

         Thereafter, on November 2, 2016, A.R.W. filed a motion to set aside her conviction and dismiss the prosecution for the charge of supervision of transactions involving the transfer of drug proceeds in violation of La. R.S. 40:1041C, and the charge of possession of a Schedule 1 controlled dangerous substance (synthetic marijuana) with the intent to distribute in violation of La. R.S. R.S. 40:1041C.

         On November 7, 2016, the District Attorney's Office filed an opposition to A.R.W.'s motion to set aside her conviction and dismiss the prosecution only as to the conviction for possession of a Schedule 1 controlled dangerous substance (synthetic marijuana) with the intent to distribute in violation of La. R.S. R.S. 40:1041C. The District Attorney's office maintained that pursuant to La. C.Cr.P. art. 893E(1)(b) and (3)(a), she was ineligible for a La. C.Cr.P. art. 893 dismissal of that conviction without successful completion of Drug Court and the concurrence of their office, but that she had not been given Drug Court as a condition of probation. The District Attorney's Office had no opposition to A.R.W.'s motion as to the conviction for supervision of transactions involving the transfer of drug proceeds in violation of La. R.S. 40:1041C.

         A.R.W.'s motion to set aside the conviction and dismiss the prosecution was heard on November 19, 2017, and the motion was granted. Thereafter, on November 24, 2017, the district court signed a judgment setting aside the conviction and dismissing the prosecution for purposes of expungement.

         On January 30, 2017, A.R.W. filed a motion for expungement. She asked for expungement of three items: the record of her arrest on July 29, 2011 for possession of drug paraphernalia in violation of La. R.S. 40:1023, which did not result in a conviction (the charge was dismissed); her conviction for possession with intent to distribute Schedule 1 drugs in violation of La. R.S. 40:966A(1) which had been dismissed; and her conviction for transactions involving drug proceeds in violation of La. R.S. 40:1041C.

         The District Attorney's Office filed a response opposing only A.R.W.'s motion for expungement as to Count 2, asserting that because A.R.W. had pled guilty to possession with intent to distribute synthetic marijuana, pursuant to La. C.Cr.R art. 893E(1)(b) and (3)(a), she was ineligible for an Article 893 dismissal without successful completion of Drug Court and the concurrence of their office. The District Attorney's Office asserted that Drug Court was not a condition of A.R.W.'s probation, thus she had not met all of the requirements for an expungement. The matter was set for a contradictory hearing.

         Following the hearing, the district court granted A.R.W.'s motion for expungement. The District ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.