State Of Louisiana v. Anthony Miller

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 KW 1364 VERSUS ANTHONY MILLER DECEMBER 20, 2021 In Re: State of Louisiana, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, Nos. 21 - CR - 61, 21 - CR - 62, and 21 - CR - 63. BEFORE: WELCH, THERIOT, AND PENZATO, JJ. WRIT GRANTED. The trial court erred by dismissing the case against the defendant. The dismissal of a prosecution rests entirely within the discretion of the prosecuting attorney. La. Code Crim. P. art. 691; State v. Papuan, 2017- 0028 ( La. App. 1st Cir. 11/ 2/ 17), 256 So. 3d 1091, 1095 , writ denied, 20172028 La. 10 / 29/ 18), 255 So. 3d 572 . See also La. Code Crim. P. art. 729. 5( A). Therefore, the trial court' s ruling dismissing the case against the defendant is reversed, the charges are reinstated, and this matter is remanded to the trial court for further proceedings consistent with this ruling. JEW MRT AHP RT OF APPEAL, FIRST CIRCUIT DE PUTRJLE, -/ K d OF COURT FOR THE COURT