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STATE v. OLIVIA

No. 2013-KA-0496.

137 So.3d 752 (2014)

STATE of Louisiana v. Martha A. OLIVIA.

Court of Appeal of Louisiana, Fourth Circuit.

March 26, 2014.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, J. Bryant Clark, Jr. , Assistant District Attorney, New Orleans, LA, for Appellant/State of Louisiana.

Bernard J. "Ben" Bagert, Jr. , Aubrey M. Harris , Kennedy Harris, LLC, New Orleans, LA, for Defendant/Appellee.

Court composed of Judge DENNIS R. BAGNERIS, SR., Judge TERRI F. LOVE, Judge SANDRA CABRINA JENKINS.

TERRI F. LOVE, Judge.

The State appeals the trial court's granting of Martha Olivia's ("Ms. Olivia") motion to quash the bill of information charging her with violation of La. R.S. 14:39.2. Following a hearing on the motion, the trial court granted the motion based on its consideration of Ms. Olivia's factual defense to the offense charged. We find a trial court's ruling on a motion to quash is limited to questions of law and does not extend to defenses based on factual...

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