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STATE v. RAMOS

No. 2007 KA 1448.

993 So.2d 281 (2008)

STATE of Louisiana v. David RAMOS.

Court of Appeal of Louisiana, First Circuit.

July 28, 2008.

Attorney(s) appearing for the Case

Doug Moreau, District Attorney, Dylan C. Alge, Assistant District Attorney, Baton Rouge, LA, for Appellant, State of Louisiana.

Bertha M. Hillman, Louisiana Appellate Project, Thibodaux, LA, for Defendant/Appellee, David Ramos.

Before CARTER, C.J., WHIPPLE, PARRO, KUHN, GUIDRY, PETTIGREW, DOWNING, GAIDRY, McDONALD, McCLENDON, HUGHES, and WELCH, JJ.

HUGHES, J.

In this appeal, the State of Louisiana challenges, on the basis of federal preemption by the "REAL ID Act,"1 the granting of a motion to quash a bill of information, which charged the defendant with unlawful presence in this country in violation of LSA-R.S. 14:100.13. For the reasons that follow, we reverse the trial court's ruling granting the motion to quash and remand for further proceedings.

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