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PER CURIAM: Granted in part. The court of appeal's ruling is vacated to the extent that it remanded for an evidentiary hearing. The matter is remanded to the district court, where the state will be afforded an opportunity to respond on the merits.
Thereafter, the district court shall determine whether to rule on the application summarily, under La.C.Cr.P. art. 929, or whether an evidentiary hearing is warranted under La.C.Cr.P. art. 930. The writ is otherwise denied.
CRICHTON, J., recused.
Document Info
Docket Number: No. 2017-KP-2022
Citation Numbers: 260 So. 3d 1208
Filed Date: 1/14/2019
Precedential Status: Precedential
Modified Date: 7/29/2022