Opinion
NO. 2017 KW 1406
10-12-2017
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 08-17-0029. BEFORE: WHIPPLE, C.J., McDONALD AND CHUTZ, JJ.
WRIT GRANTED. The defendant has been indicted for second degree murder and bond set at $250,000. The State filed a Motion to Disqualify Surety. At the hearing on the motion, the parties stipulated that one of the sureties on the bond posted property amounting to $110,000 despite the fact that he is currently employed as a deputy Clerk of Court. At the conclusion of the hearing, the trial court indicated it would take the matter under advisement and ruled the defendant would remain free on the bond until the court's ruling, scheduled for October 18, 2017. Accordingly, the trial court's ruling that the defendant would remain free on the current bond is reversed, the State's Motion to Disqualify Surety is hereby granted, and this matter is remanded for further proceedings. See La. Code Crim. P. art. 327.
VGW
JMM
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT