State Of Louisiana v. Kelroy Robertson ( 2023 )

STATE OF LOUISIANA NO. 2023 KW 0875
VERSUS
KELROY ANTOINE ROBERTSON SEPTEMBER 14, 2023
In Re: Kelroy Antoine Robertson, applying for supervisory
writs, 22nd Judicial District Court, Parish of St.
Tammany, No. 2663- F- 2023.
BEFORE: GUIDRY, C. J. CHUTZ AND LANIER, JJ.
WRIT GRANTED. After conviction and before sentencing, a
person shall be bailable if the maximum sentence which may be
imposed is imprisonment for five years or less. La. Const. art.
I, § 18; La. Code Crim. P. art. 312 ( E) . The record before this
court does not show that a habitual hearing has been held in
this matter, and there is no indication from the record that
relator will pose a danger to any other person or the community
or that there is a substantial risk that relator might flee if
he is admitted to postconviction bail. See La. Code Crim. P.
art. 312 ( E) . Therefore, the district court erred in denying the
request for a postconviction sentencing bond when the maximum
sentence which may be imposed in this case is imprisonment for
five years or less. See La. R. S. 40: 967( C)( 2). Accordingly, the
writ application is granted and this matter is remanded for a
bond sentencing hearing which should be promptly held without
any delay upon receipt of this court' s action. The district
court has the discretion to impose special conditions on release
after conviction and before sentence. See La. Code Crim. P.
art. 312( D).
JMG
WIL
Chutz, J., would order the state to file a response to the
writ application and invite a per curiam from the trial judge
regarding the claim that relator is constitutionally entitled to
bail pending sentencing.
RT OF APPEAL, FIRST CIRCUIT
im
PUTY CLERK OF COURT
FOR THE COURT