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State v. Griffin

Court of Appeals of Louisiana, Fourth Circuit

September 18, 2019

STATE OF LOUISIANA
v.
DWAYNE GRIFFIN

          APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 538-540, SECTION "L" Honorable Franz Zibilich, Judge.

          Leon Cannizzaro District Attorney Donna Andrieu Chief of Appeals Irena Zajickova Assistant District Attorney, COUNSEL FOR THE STATE OF LOUISIANA/APPELLEE.

          Sherry Watters LOUISIANA APPELLATE PROJECT, COUNSEL FOR DEFENDANT/APPELLANT.

          Court composed of Judge Roland L. Belsome, Judge Paula A. Brown, Judge Tiffany G. Chase.

          Roland L. Belsome Judge

         This appeal stems from the trial court's denial of a motion to quash the bill of information filed by Defendant, Dwayne Griffin. Since there are no grounds to quash the bill of information, the trial court's ruling is affirmed.

         FACTS AND PROCEDURAL HISTORY

         In the instant case, Defendant was charged with one count of bail jumping, in violation of La. R.S. 14:110.1. Before the bail jumping charge, Defendant pled guilty as charged on October 4, 2017, to three drug possession offenses as part of a plea agreement. The agreement stipulated that upon successful completion of the District Attorney's Office Diversion Program, Defendant would be allowed to withdraw his guilty plea and the case would be dismissed.

         After accepting the guilty plea, the trial court set a $2,500.00 pre-sentence bond in accordance with La. C.Cr.P. art. 312(E), and set the case for a "Diversion Review Hearing" on October 17, 2017. Defendant was given notice of the hearing date in open court. He later filed a Release on Recognizance (ROR) bond and was released from jail. However, on October 17, 2017, Defendant failed to appear for his scheduled hearing and an alias capias was issued.

         In response to Defendant's failure to appear, on November 20, 2017, the State filed the instant bail jumping charge. The bill of information alleged that on October 17, 2017, Defendant committed the crime by "intentionally failing to appear in section "L" of Criminal District Court in State v. Dwayne Griffin, case number 535-802, a felony case."

         Defendant remained at large until January 20, 2019, when he was arrested on the capias. He was subsequently sentenced to three years in the custody of the Louisiana Department of Corrections in the drug case. The sentence was suspended, and Defendant was ordered to serve two years active probation.

         Later, Defendant filed a motion to quash the instant bill of information alleging that it failed to charge an offense punishable under a valid statute. After a hearing, the trial court denied the motion to quash. Defendant then entered a guilty plea, pursuant to State v. Crosby, 338 So.2d 584, 588 (La. 1976), reserving his right to appeal the trial court's ruling. As a result of his guilty plea in this case, the trial court sentenced Defendant to one year imprisonment and suspended the sentence, subject to one year active probation. This appeal followed.

         STANDARD OF REVIEW

         "[T]his Court in reviewing a motion to quash involving solely a legal issue, such as presented in the instant case, applies a de novo standard of review." State v. Broyard, 14-1026 (La.App. 4 Cir. ...


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