Opinion
NO. 2016 KW 1132
08-30-2016
STATE OF LOUISIANA v. BRANDON DEWAYNE POOLE
In Re: State of Louisiana, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 14-193462. BEFORE: PETTIGREW, McDONALD, AND DRAKE, JJ.
WRIT GRANTED. While defense counsel apparently objected to continuances of the trial on May 9, 2016 and July 8, 2016, there is no indication that counsel ever submitted the required affidavit certifying readiness for trial that must accompany a pro se motion for speedy trial under La. Code Crim. P. art. 701D(1). Accordingly, the trial court's ruling granting the defendant's pro se motion for discharge of bail obligation (filed August 5, 2016) is reversed, and this matter is remanded for further proceedings. While we recognize that the defendant has apparently been in continued custody since his arrest in May of 2014, given the serious nature of the charges, and especially considering the recent entry into the proceedings of the Louisiana Attorney General's Office due to the recusal of the District Attorney's Office on or about July 25, 2016, we do not find the current trial date of October 24, 2016 to be unreasonable. See La. Code Crim. P. art. 701E. However, any further trial delays beyond October 24 attributable solely to the State could present grounds for an immediate release of the defendant without bail. See La. Code Crim. P. art. 701D(2).
JTP
JMM
EGD
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT