State Of Louisiana v. Darrin Regira, II ( 2023 )

STATE OF LOUISIANA
NO. 2023 KW 1032
STATE OF LOUISIANA
VERSUS
DARRIN REGIRA, II OCTOBER 18, 2023
for writs,
In Re: Darrin Regira, II, applying supervisory
Parish of Ascension, No.
23rd Judicial District Court,
52130.
BEFORE: WELCH, HOLDRIDGE, AND WOLFE, JJ.
WRITGRANTED. Before trial, a person shall be bailable by
is with a capital
sufficient surety, except when he charged
offense and the proof is evident and the presumption of guilt is
I, § 18. Under La. Code Crim. P.
great. See La. Const. art.
the
art. 313( A)( 2), if the court orders a contradictory hearing,
be held within five days from the date of
hearing shall
determination of probable cause, exclusive of weekends and legal
holidays. The district court erred by setting the contradictory
bail hearing outside the statutorily mandated time delay.
Accordingly, the writ is granted and this matter is remanded for
before October 23,
the district court to hold a hearing by or
2023.
JEW
GH
EW