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State v. Lavigne

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
May 1, 2017

In Re: Kenneth W. Lavigne, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 35,150. BEFORE: WELCH, CRAIN, AND HOLDRIDGE, JJ.

WRIT DENIED.

WJC GH

Welch, J., concurs. The trial court did not err in denying relator's motion to quash. Because relator already has been convicted, his claims regarding the timeliness of the institution of prosecution would be more properly raised in an application for postconviction relief filed upon the finality of his conviction and sentence. See La. Code Crim. P. arts. 924.1 & 930.3. COURT OF APPEAL, FIRST CIRCUIT /s/_________


DEPUTY CLERK OF COURT


FOR THE COURT