FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 538-540,
SECTION "L" Honorable Franz Zibilich, Judge.
Cannizzaro District Attorney Donna Andrieu Chief of Appeals
Irena Zajickova Assistant District Attorney, COUNSEL FOR THE
STATE OF LOUISIANA/APPELLEE.
Watters LOUISIANA APPELLATE PROJECT, COUNSEL FOR
composed of Judge Roland L. Belsome, Judge Paula A. Brown,
Judge Tiffany G. Chase.
L. Belsome Judge
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.
AND PROCEDURAL HISTORY
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.
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.
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
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.
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.
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. ...