Opinion
08-27-2013
STATE OF LOUISIANA v. MARLON D. WASHINGTON
In Re: Marlon D. Washington, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 05-08-0418.
BEFORE: PARRO, GUIDRY, AND DRAKE, JJ.
WRIT GRANTED. The matter is remanded to the trial court for a ruling on the merits of relator's motion to appoint a sanity commission pursuant to La. Code Crim. P. arts. 642 and 643. If relator is subsequently determined to have the mental capacity to proceed, then the court shall also rule on the merits of relator's motion for new trial and resentence relator in accordance with this Court's orders in State v. Washington, 2011- 0327 (La. App. 1st Cir. 5/4/12) (unpublished), writ denied, 2012- 1730 (La. 4/1/13), 110 So.3d 138, wherein relator's sentence was vacated. We note the state did not file a rehearing after this Court vacated the sentence.
JMG
EGD
RHP
COURT OF APPEAL, FIRST CIRCUIT ________________
DEPUTY CLERK OF COURT
FOR THE COURT