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STATE v. LEMOINE

19-468.

297 So.3d 76 (2020)

STATE of Louisiana v. Donald P. LEMOINE.

Court of Appeal of Louisiana, Third Circuit.

March 11, 2020.

Attorney(s) appearing for the Case

Charles A. Riddle, III , District Attorney, Derek Paul Manuel , Assistant District Attorney, Twelfth Judicial District, 417 N. Main Street, Marksville, LA 71351, (318) 253-6587, COUNSEL FOR APPELLANT: State of Louisiana.

Derrick M. Whittington , Whittington Law Firm, 339 Moreau St., Suite A, P. O. Box 82389, Marksville, LA 71351, (318) 253-5852, COUNSEL FOR APPELLEE: Donald P. Lemoine.

Cooks, J., Dissents and assigns written reasons.

The state appeals the trial court's grant of the defendant's motion to quash its indictment for illegal possession of a stolen firearm pursuant to La.R.S. 14:69.1. In 2015, the defendant had been charged with illegal possession of stolen things. After a bench trial, he was acquitted. He argues that the indictment at issue herein constitutes...

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