Opinion
NO. 2017 KW 0089
03-31-2017
STATE OF LOUISIANA v. JOSHUA JEREMIAH GILL
In Re: Joshua Jeremiah Gill, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 11-12-0617, BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED.
VGW
PMc
Guidry, J., dissents and would grant the writ application. The state failed to present evidence reflecting that relator tested positive for use of any illegal or prescribed drugs and/or alcohol. During her testimony, relator's probation officer indicated that she had received several lab test results regarding drug testing of relator based on the March 3, 2016, incident wherein relator was taken to the hospital, but these lab results were not produced at the hearing. Accordingly, I believe the decision to revoke relator's probation due to his use of controlled dangerous substances and/or alcohol was an abuse of the court's discretion. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT