Opinion
2022 KW 0200
02-25-2022
STATE OF LOUISIANA v. ADAM FRANCOIS
In Re: Adam Francois, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, Nos. 45, 058 & 45, 059.
BEFORE: WHIPPLE, C.J., PENZATO AND HESTER, JJ.
WRIT GRANTED. The district court erred by denying relator's request that a bond be set. Absent an express finding, based upon clear and convincing evidence that relator is a flight risk or poses an imminent danger to any other person or the community that was determined at a contradictory hearing held within five days of finding probable cause, the court cannot deny relator bail. See La. Code Crim. P. art. 313(A)(2) and (4); State v. Helaire, 2017-802 (La.App. 3d Cir. 10/25/17), 230 So.3d 253, 255. Accordingly, the writ application is granted, this matter is remanded for a hearing to be held no later than five days from the date of this ruling, following which the district court is ordered to expressly set or to deny bail. See State v. Taylor, 2002-1276 (La. 5/8/02), 815 So.2d 827.
VGW
AHP
CHH