STATE v. JEFFERSON (2025)

Writ granted. The opinion of the court of appeal, which reversed the trial court's ruling and denied defendant's motion to dismiss, is reversed. The ruling of the trial court, which granted defendant's motion to dismiss, is reinstated.

REVERSED AND RENDERED.

Louisiana C.Cr.P. art. 648(B)(3)¹ sets forth the procedures following the determination that a defendant is unlikely to be capable of standing trial in the foreseeable future due to mental incompetency. There are two interpretations of the article related to disposition of the defendant's unprosecutable criminal charges.

Where the statute's plain language is subject to more than one interpretation, courts are to interpret the statute in a manner that upholds its constitutionality. See State v. Cunningham, 04-2200, p. 9 (La. 6/13/05), 903 So.2d 1110, 1116. Thus, the portion of Article 648(B)(3) at issue here should be read in the following manner:

When an unrestorable incompetent defendant is charged with [one of the statutorily-enumerated offenses], that charge shall be dismissed on the date upon which the sentence would have expired if the defendant was convicted and sentenced to the maximum sentence for the crime charged.

Otherwise, charges against an unrestorable incompetent defendant shall be dismissed on whichever is sooner:

-the date upon which his sentence would have expired had he been convicted and received the maximum sentence for the crime charged

or

-the date five years from the date of his arrest for such charges.

In this case, had the defendant been convicted of the charged offenses and sentenced to the maximum term, her sentences would have expired 10 years ago. As such, the charges are to be dismissed pursuant to La. C.Cr.P. art. 648(B)(3).

Accordingly, I respectfully additionally concur in this court's ruling, which reverses the court of appeal opinion and reinstates the trial court's dismissal of the charges.

FOOTNOTES

1.   In relevant part, La. C.Cr.P. art. 648(B)(3) provides:If, after the hearing, the court determines that the incompetent defendant is unlikely in the foreseeable future to be capable of standing trial, the court shall order the defendant released or remanded to the custody of the Louisiana Department of Health which, within ten days exclusive of weekends and holidays, may institute civil commitment proceedings pursuant to Title 28 of the Louisiana Revised Statutes of 1950, or release the defendant. The defendant shall remain in custody pending such civil commitment proceedings. If the defendant is committed to a treatment facility pursuant to Title 28 of the Louisiana Revised Statutes of 1950, the director of the institution designated for the patient's treatment shall, in writing, notify the court and the district attorney when the patient is to be discharged or conditionally discharged, as long as the charges are pending. If not dismissed without prejudice at an earlier trial, charges against an unrestorable incompetent defendant shall be dismissed on the date upon which his sentence would have expired had he been convicted and received the maximum sentence for the crime charged, or on the date five years from the date of his arrest for such charges, whichever is sooner, except for [the statutorily-enumerated charges].

PER CURIAM.

Weimer, C.J., additionally concurs and assigns reasons. Cole, J., additionally concurs for the reasons assigned by Chief Justice Weimer.