STATE v. DIAZ

No. 91-KK-0921.

582 So.2d 193 (1991)

STATE of Louisiana v. Peter E. DIAZ.

Supreme Court of Louisiana.

June 28, 1991.


PER CURIAM.

Relator was arrested for aggravated rape in 1989 and filed a motion for a preliminary examination. On the day set for the hearing the prosecutor announced in open court that he was refusing the charges.

Relator then filed a motion for expungement of the arrest records under La.Rev. Stat. 44:9. The prosecutor opposed the motion on the basis that there is no prescriptive period for this offense and that the "case could be reopened if further evidence...

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