State Of Louisiana v. Anthony Alexander ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0313
VERSUS
ANTHONY A. ALEXANDER
MAY 282020
In Re: State of Louisiana, applying for supervisory writs,
20th Judicial District Court, Parish of West
Feliciana, No. 19-WFLN-723.
BEFORE: WELCH, THERIOT, AND HOLDRIDGE, JJ.
WRIT GRANTED. It is well-settled that if prosecution is
instituted after the statutory period has elapsed but before the
hearing on a motion for release is held pursuant to La. Code
Crim. P. art. 701, the defendant is no longer entitled to be
released without bail. See State v. Varmall, 539 So.2d 45, 46
La. 1989) ( per curiam); State v. Bell, 2014-1046 ( La. App. 1st
Cir. 1/15/15), 169 So.3d 417. Therefore, the district court
erred by releasing relator from custody without bond.
Accordingly, the ruling granting the motion for release is
reversed, and the matter is remanded for the district court to
set a reasonable bond in this matter by or before July 1, 2020.
JEW
MRT
GH
COURT OF APPEAL, FIRST CIRCUIT
F COURT