State v. Franklin

hi respectfully dissent. I find that the trial court erred in granting the defendant’s motion to quash the bill of information, dismissing the charge against the defendant. I would reverse the trial court’s ruling and remand the case for further proceedings.

In his written motion to quash and at the contradictory hearing, defendant claimed that institution of the formal charge of payroll fraud against him violated his constitutional right against being twice placed in jeopardy. • See U.S. Const, amend. VI; La. Const, art. 1, § 15. The majority opinion pretermits the double jeopardy issue and…