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State v. Carcamo10/28/2003
The State of Louisiana appeals the trial court's grant of defendant Carlos Carcamo's Motion to Quash. We affirm.
On January 4, 1999, the Jefferson Parish District Attorney's Office filed a Bill of Information charging defendant with one count of aggravated incest in violation of LSA-R.S. 14:78.1 and one count of molestation of a juvenile in violation of LSA-R.S. 14:81.2. On May 7, 1999, defendant failed to appear for arraignment and the matter was continued without date. The minute entry on that date indicates that defendant had yet to be arrested. The record indicates that the State made two unsuccessful attempts at service on defendant at 2317 Guiffrais Street, Apartment C, Metairie, Louisiana. On February 8, 1999, the sheriff's return for the service attempt for the arraignment stated "numerous attempts made, no response." On March 22, 1999, the sheriff's return states "not at this address per resident." After learning defendant had moved to Virginia, the State made a third and final attempt at service via certified mail addressed to defendant at 2143 Newbury Road, Norcross, Virginia. The subpoena was not served as the certified letter was "returned for a better address."
On January 6, 2003, after having been arrested, defendant was arraigned on the charges and entered a plea of not guilty. On January 8, 2003, defendant filed various pretrial motions, including a Motion to Quash the Bill of Information based on LSA-C.Cr.P. arts. 382 and 578. On February 5, 2003, the State and defendant submitted the matter on the record, and the trial court granted the Motions to Quash on both grounds. Thereafter, the State filed a timely Motion for Appeal.
ASSIGNMENT OF ERROR NUMBER ONE
Whether the trial judge erred in granting the Motion to Quash. The trial judge granted the defendant's Motion to Quash on two grounds: (1) the State improperly instituted prosecution by using a "direct bill," a method not recognized under LSA-C.Cr.P. art. 384, and (2) the State failed to bring defendant to trial within two years of the institution of prosecution as required by LSA-C.Cr.P. art. 578(2). The State contends that the trial court erred in granting defendant's Motion to Quash because prosecution was properly instituted by a Bill of Information. Additionally, the State argues that, while trial was not commenced within two years from the institution of prosecution, the period of limitation was interrupted when defendant remained outside of the State for the purpose of avoiding detection. Defendant responds that prosecution was instituted by a "Direct Bill," which is not authorized by LSA-C.Cr.P. art. 578. Also, defendant contends that the State failed to carry its burden of proving that the reason he remained outside of the State was for the purpose of avoiding detection.
LSA-C.Cr.P. art. 382 sets forth the methods of instituting criminal prosecutions and provides in pertinent part: " prosecution for an offense punishable by death, or for an offense punishable by life imprisonment, shall be instituted by indictment by a grand jury. Other criminal prosecutions in a district court shall be instituted by indictment or by information." In the instant case, defendant was charged with one count of aggravated incest in violation of LSA-R.S. 14:78.1 and one count of molestation of a juvenile in violation of LSA-R.S. 14:81.2. Because neither offense is punishable by death or life imprisonment, prosecution could have been instituted by indictment or by information. LSA-R.S. 14:78.1 and LSA-R.S. 14:81.2. Defendant contends that neither of these methods was utilized in instituting prosecution because defendant was charged by "direct bill," a method not provided for in LSA-C.Cr.P. art. 3
Page 1 2 3 4 Louisiana DUI Attorneys
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