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STATE EX REL. D.C.

No. 2000-CA-1396.

781 So.2d 1267 (2001)

STATE of Louisiana in the Interest of D.C.

Court of Appeal of Louisiana, Fourth Circuit.

February 28, 2001.

Attorney(s) appearing for the Case

Harry F. Connick, District Attorney, Cynthia Schmidt, Assistant District Attorney, New Orleans, LA, Counsel for Appellant.

Court composed of Chief Judge BYRNES, Judge PLOTKIN, and Judge, TOBIAS.

BYRNES, Chief Judge.

The State of Louisiana appeals a judgment of the trial court for failure to institute prosecution within two years of the commission of a misdemeanor as required by LSA-C.Cr.P. art. 572. It is undisputed that the prosecution was not commenced within two years. The judge acknowledged at the hearing on the Motion to Quash that the defendant was charged "with simple criminal damage under R.S. 14:56 where...

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