State v. Thibodeaux

| iCOOKS, Judge,

dissenting.

I must respectfully dissent. Relying on State v. Bennett the majority has decided to close the Louisiana Code of Criminal Procedure because the answer found in this printed text compels the release of defendant. I too cry for the victim of defendant’s crime; but, courts do not legislate nor prosecute. State v. Veazey, 337 So.2d 1163 (La.1976). The follies which force defendant’s release cannot be “engrafted away.”

The majority correctly concludes the trial court erred in granting defendant’s motion in arrest of judgment. But this conclusion comes too late. This Court…