State v. Conley

[ defendant was charged with home invasion by bill of information filed on August 16, 2010. On May 17, 2011, the State nolle 'prossed, the charge of home invasion and filed a new bill of information charging Defendant with aggravated battery. On May 18, 2011, Defendant proceeded to trial by jury on the charge of home invasion. This procedure is flawed. Consequently, Defendant’s conviction should be reversed.

Louisiana law holds that the State cannot orally reinstitute a charge that has been nolle prossed. There is nothing in the record before us to show that the prosecutor’s exercise of his…