Opinion
No. 58598.
February 18, 1977.
IN RE: ALVIN "COFFEE" WASHINGTON, APPLYING FOR REMEDIAL WRITS.
We treat this matter as a writ application. See State v. Johnson, La., 342 So.2d 863. The application is denied. On the pleadings the ruling of the trial judge is correct.
TATE, J., concurs in denial. The record before us does not show that the defendant was actually surrendered. The issue is not before us under the present pleadings whether the defendant's motion prior to expiration of the six months provided by La. 15:85 entitles the bonding company to have the forfeiture set aside upon the actual surrender of the defendant.
DIXON, J., concurs for reasons stated by TATE, J.