STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2019 KW 0613 VERSUS

CHRISTOPHER COUPE SEP 3 Q 2019 In Re: Christopher Coupe, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 3404.

BEFORE: McDONALD, THERIOT, AND CHUTZ, JJ.

WRIT GRANTED. The trial court abused its discretion in finding that the State proving by carried its burden of clear and convincing evidence that relator is currently dangerous to himself and others under Foucha v. Louisiana, 504 U. S. 71, 112 S. Ct. 1780, 118 L. Ed. 2d 437 ( 1992) and La. Code Crim. P. art. 657, particularly as defined in La. R. S. 28: 2 ( 6) and ( 7). See State v. Perez, 94- 0130 ( La. 1/ 27/ 95), 648 So. 2d 1319, 1321.

The trial court' s ruling is reversed, and this matter is remanded with instructions that the trial court order relator' s conditional release under the conditions set forth in the review panel' s conditions the trial court recommendation and any other may impose related to relator' s continuing care and treatment that are appropriate under the law.

JMM WRC

Theriot, J., dissents and would deny the writ application.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY C1, ERK OF COURT FOR THE COURT