Opinion
NO. 2017 KW 0570
05-25-2017
STATE OF LOUISIANA v. SHAWN ELSEY
In Re: Shawn Elsey, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, Nos. 12-16-0408 & 12-16-0409. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED. The probable cause affidavit was executed and signed by the arresting officer on November 14, 2016, which is the same date that relator was arrested. Furthermore, the records of the Clerk of Court of East Baton Rouge Parish reflect that on December 15, 2016, the State timely charged relator by bill of information with public intimidation (docket no. 12-16-0409), and charged relator with several misdemeanor offenses arising from the same incident in a separate bill of information (docket no. 12-16-0408). The records further reflect that on January 12, 2017, relator waived a formal reading of the bills of information that contained notice of the felony and misdemeanor charges for which relator is now being prosecuted. Therefore, relator is not entitled to any relief, and a petition for a writ of habeas corpus seeking release under La. Code Crim. P. art. 701(B) is moot. See State v. Varmall, 539 So.2d 45 (La. 1989)(per curiam).
JMG
PMc
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT