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SUPREME COURT OF LOUISIANA NO. 98-KA-1415 STATE OF LOUISIANA V. MICHAEL Q. CARUSO ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, FOR THE PARISH OF JEFFERSON, HONORABLE KERNAN A. HAND, JUDGE MARCUS, Justice* Michael Q. Caruso was charged by bill of information with violation of La. R.S. 14:220 in that on or about February 27, 1997, "he did with fraudulent intent wilfully refuse to return a leased vehicle to Enterprise Rent-A-Car." Defendant filed a

motion to quash the bill of information on the ground that La. R.S. 14:220 was unconstitutional in that the statute contains a mandatory presumption and makes a petty matter a felony. After a

hearing, the trial judge granted defendant's motion to quash finding that the final sentence of La. R.S. 14:220A was unconstitutional. The trial judge did not address defendant's other constitutional challenges. The state appealed to the court of appeal. The court of

appeal transferred the case to this court pursuant to La. Const. Art. V,

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