Supreme Court of Louisiana May 21, 2004, No. 2004-KK-0860 (State v. Holliday)

WEIMER, J.,

concurring in part; dissenting in part. After the trial court denied a state motion for continuance, the State entered a nolle prosequi. The State effectively subverted the trial court’s denial of the continuance when, three days later, the State filed a second bill of information charging the defendant with the same two counts the State dismissed pursuant to the nolle prosequi.