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STATE v. MORRISON

No. 2013-KA-1067.

137 So.3d 736 (2014)

STATE of Louisiana v. Michael J. MORRISON.

Court of Appeal of Louisiana, Fourth Circuit.

March 19, 2014.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Kyle Daly , Assistant District Attorney, New Orleans, LA, for Appellant, State of Louisiana.

Christopher A. Aberle , Louisiana Appellate Project, Mandeville, LA, for Defendant/Appellee, Michael Morrison.

(Court composed of Judge TERRI F. LOVE, Judge DANIEL L. DYSART, Judge ROSEMARY LEDET).

TERRI F. LOVE, Judge.

This appeal arises from the arrest of the defendant for disturbing the peace, to which the defendant pled no contest, and his subsequent charge for second degree battery. The defendant filed a motion to quash based on double jeopardy grounds. The trial court granted the defendant's motion to quash and the State appealed. We find that the trial court abused its discretion in not permitting the State to oppose the motion to quash and by not holding...

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