STATE v. BIRDWELL

No. 47,126-CA.

92 So.3d 1107 (2012)

STATE of Louisiana, Plaintiff-Appellant v. Kevin Wade BIRDWELL, Defendant-Appellee.

Court of Appeal of Louisiana, Second Circuit.

May 16, 2012.


Attorney(s) appearing for the Case

Jonathan M. Stewart , District Attorney, Daniel W. Newell , Kenneth Patrick Haines , James R. Hatch , Assistant District Attorneys, for Plaintiff-Appellant State of Louisiana.

Kevin W. Birdwell , In Proper Person.

Robert W. Sharp, Jr. , Ruston, LA, for Defendant-Appellee.

Law Offices of Katherine C. Dorroh, by Kellie Curry , for Third Party Intervenor-Appellee Kelly W. Birdwell.

Before WILLIAMS, GASKINS and LOLLEY, JJ.


GASKINS, J.

The State of Louisiana, through the office of the District Attorney in Claiborne Parish, appeals from a trial court judgment releasing firearms seized in connection with a series of drug offenses committed by Kevin Wade Birdwell and ordering that Mr. Birdwell's former wife, Kelly Birdwell, hold the weapons in trust for their minor children. For the following reasons, we affirm in part and reverse in part the trial court judgment.

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