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STATE v. POWE

No. 2014-KA-0137.

145 So.3d 583 (2014)

STATE of Louisiana v. Vernell POWE.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied July 28, 2014.

Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Scott G. Vincent , Assistant District Attorney, Parish of Orleans, New Orleans, LA, for Appellant/State of Louisiana.

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

(Court composed of Judge MAX N. TOBIAS, JR., Judge DANIEL L. DYSART, Judge ROSEMARY LEDET).

DANIEL L. DYSART, Judge.

This appeal concerns the trial court's grant of defendant, Vernell Powe's, motion to quash. For the reasons that follow, we find that the trial court erred in granting the motion and accordingly, we reverse and remand.

FACTUAL AND PROCEDURAL BACKGROUND

There does not appear to be any dispute regarding the underlying facts of this matter. On June 22, 2013, Vernell Powe, was arrested for possession of a stolen firearm. According...

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