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STATE IN INTEREST OF R.W.

No. 97-CA-0268.

693 So.2d 257 (1997)

STATE of Louisiana in the Interest of R.W. and N.W.

Court of Appeal of Louisiana, Fourth Circuit.

April 16, 1997.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, James J. Kelleher, Assistant District Attorney, Parish of Orleans, New Orleans, for Appellant.

Montu R. Bashambu, Stephanie A. Carson, Student Attorneys, David R. Katner, Supervising Attorney, Tulane Juvenile Law Clinic, New Orleans, for Appellee.

Before BYRNES, CIACCIO and JONES, JJ.

JONES, Judge.

The State appeals the dismissal of a charge of simple burglary of an inhabited dwelling (LSA-R.S.14:62.2) against two juveniles. We affirm.

Sixteen year old brothers, R.W. and N.W1 were arrested on November 25, 1996, and charged with burglarizing the residence of Ms. Velma Jean Mayeaux. On the day of trial, defense counsel filed a motion to dismiss citing the victim's desire...

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