STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 1272 VERSUS

EARNEST CARLO WHITE NOV 12 201 In Re: Ernest Carlo White, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 04- 19- 0701.

BEFORE: WHIPPLE, C. J., GUIDRY AND CRAIN, JJ.

WRIT DENIED. A just cause hearing should be held when the delay to institute prosecution has passed, a motion for release has been filed, and a bill of information or indictment is not filed before a hearing is held on the motion. See La. Code Crim. P. art. 701( B). See State v. Varmall, 539 So. 2d 45 ( La. 1989) ( per curiam); State v. Bell, 2014- 1045 ( La. App. 1st Cir. 1/ 15/ 15), 169 So. 3d 417, 425.

VGW WJC

Guidry, J., dissents and would not consider the writ application which appears to be untimely. See Uniform Rules of Louisiana Courts of Appeal, Rules 4- 2 and 4- 5.

COURT OF APPEAL, FIRST CIRCUIT

LiL. J DEPUTY CIIERK OF COURT FOR THE COURT