State v. Cobb

| íFinding that the majority’s opinion directly conflicts with this Court’s recent opinion in State v. Reyer, 13-0135 (La.App. 4 Cir. 11/20/13), 129 So.3d 752, I respectfully dissent.

Contrary to the majority’s opinion, I believe that the defendant has no obligation to prove when she is alleged to have committed a crime, or to file a bill of particulars to prove the alleged date. Rather, the law is well-settled that the defendant need only raise prescription as an issue; once raised, it is the State that has the burden of proving that the prosecution was timely initiated. Reyer, 13-0135, pp.…