Opinion
NO. 2013 KW 1399
2013-09-23
STATE OF LOUISIANA v. CECIL COLLINS
In Re: State of Louisiana, applying for supervisory writs,
19th Judicial District Court, Parish of East Baton
Rouge, No. 09-98-0329, 10-98-0424, & 10-98-0425.
BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.
WRIT GRANTED. The trial court's ruling granting the defendant's "Motion to Quash Petition for Revocation of Probation" is reversed, the motion is denied, and this matter is remanded to the district court for further proceedings. Upon the state's timely securing of arrest warrants for the defendant's alleged probation violations, the running of the defendant's periods of probation ceased. See La. Code Crim. P. art. 899(D). Despite the defendant's filings, which attempted to get the trial court to adjudicate his probation revocation proceedings in his absence, no such procedure exists under Louisiana law. See La. Code Crim. P. art. 900(A) (setting forth the appropriate procedures for a probation violation hearing). Further, while the trial court characterized the defendant's 2010 filing as a request for speedy disposition of his revocation proceedings, defendant was still incarcerated in Florida and had not yet been arrested and detained in Louisiana in connection with his alleged probation violations. Therefore the limited due process rights attendant to the defendant's probation revocation proceedings had not yet attached. See Gagnon v. Scarpelli, 411 U.S. 778, 93 S.Ct. 1756, 36 L.Ed.2d 656 (1973); Morrissey v. Brewer, 408 U.S. 471, 92 S. Ct. 2593, 33 L.Ed.2d 484 (1972); see also La. R.S. 15:574.31, et seq.; Interstate Commission for Adult Offender Supervision, Rules 5.101(a) & (c), 5.102(a)(1), 5.108(a) & (c) , and 5.110. Once the defendant was released from the custody of Florida authorities and transferred back to Louisiana, the state promptly instituted probation revocation proceedings.
JMM
PMc
Pettigrew, J., dissents and would deny the writ. COURT OF APPEAL, FIRST CIRCUIT ________________
DEPUTY CLERK OF COURT
FOR THE COURT