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STATE v. ARMSTARD

No. 43,333-KW.

991 So.2d 116 (2008)

STATE of Louisiana, Respondent v. April Nicole ARMSTARD, Applicant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 11, 2008.

Attorney(s) appearing for the Case

Ronald K. Cook, Monroe, for Applicant.

Jerry L. Jones, District Attorney, Cynthia P. Lavespere, Stephen Sylvester, Assistant District Attorneys, for Respondent.

Before STEWART, DREW and MOORE, JJ.

MOORE, J.

The applicant seeks supervisory review of an order that denied her motion to quash the indictment. Finding that the trial court abused its discretion, we grant the writ and remand to the trial court with instructions to dismiss the indictment.

FACTS

The facts in this record are not such that they evoke sympathy for the defendant. April Nicole Armstard, age 26, gave birth prematurely to her sixth child, a girl, V.M., on February 25, 2007...

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