State Of Louisiana v. Dennis Perkins ( 2021 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2021 KW 0765
VERSUS
DENNIS PERKINS
JULY 7, 2021
In Re: Dennis Perkins, for
applying supervisory writs, 21st
Judicial District Court, Parish of Livingston, No. 19-
FELN- 40299.
BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.
WRIT GRANTED. Under the particular facts and circumstances
of the instanct case, where defense counsel has demonstrated
that the trial of the instant matter and a first degree murder
trial in another parish, in which he is also counsel of record,
are
commencing on the same day, the district court abused its
discretion in denying relator' s motion to continue the instant
trial where there have been no continuances. See La. Code Crim.
P. art. 712; Cf. State v. Cinquemano, 2018- 0532 ( La. 4th
App.
Cir. 10/ 24/ 18), 257 So. 3d 234, writ denied, 2018- 1872 ( La.
4/ 29/ 19), 268 So. 3d 103. The district court' s ruling on
relator' s motion to continue is reversed, and the matter is
remanded to the district court for further proceedings.
VGW
JEW
Wolfe, J.,
dissents and would deny the writ.
COURT OF APPEAL, FIRST CIRCUIT
DEPUTY CLERK COURT
FOR THE URT