State v. Trackling

ON REMAND FROM THE LOUISIANA SUPREME COURT

DAVID S. GORBATY, Judge.

_|_1This court originally considered this matter on December 1, 2004, and reversed the defendant’s conviction and sentence. We held that the trial court erred when it denied defendant’s motion to quash because the charged offense, attempted sexual battery, is not a valid crime in Louisiana. State v. Trackling, 04-0759 (La.App. 4 Cir. 12/1/04), 888 So.2d 1169. The State filed an application for writs to the Louisiana Supreme Court. The Supreme Court granted certiorari, and held that attempted sexual battery is a cognizable…