State in the Interest of D.C.

1,BYRNES, Chief Judge.

The State of Louisiana appeals a judgment of the trial court for failure to institute prosecution within two years of the commission of a misdemeanor as required by LSA-C.Cr.P. art. 572. It is undisputed that the prosecution was not commenced within two years. The judge acknowledged at the hearing on the Motion to Quash that the defendant was charged “with simple criminal damage under R.S. 14:56 where the damage is $500.00 or greater, but less than $50,000.00.” However, the trial judge went on to erroneously state that that offense is “punishable by a fine of $500.00 or…