State v. DeGeorge

WILLIAMS, Judge.

In this criminal appeal, the State claims the trial court erred in granting defendant’s motion to quash the bill of information because defendant’s written motion asserted only a misjoinder of offenses while her oral arguments supporting the motion and the trial court’s reason for granting the motion were both based upon prescription. We agree. LSA-C.Cr.P. art. 536 requires a motion to quash “be in writing” and “specify distinctly the grounds on which it is based,” and directs that “[t]he court shall hear no objection based on grounds not stated in the motion.” We, therefore,…