STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0313 VERSUS ANTHONY A. ALEXANDER MAY 282020

In Re: State of Louisiana, applying for supervisory writs, 20th Judicial District Court, Parish of West Feliciana, No. 19-WFLN-723.

BEFORE: WELCH, THERIOT, AND HOLDRIDGE, JJ.

WRIT GRANTED. It is well-settled that if prosecution is instituted after the statutory period has elapsed but before the hearing on a motion for release is held pursuant to La. Code Crim. P. art. 701, the defendant is no longer entitled to be released without bail. See State v. Varmall, 539 So.2d 45, 46 La. 1989) ( per curiam); State v. Bell, 2014-1046 ( La. App. 1st Cir. 1/15/15), 169 So.3d 417. Therefore, the district court erred by releasing relator from custody without bond.

Accordingly, the ruling granting the motion for release is reversed, and the matter is remanded for the district court to set a reasonable bond in this matter by or before July 1, 2020.

JEW MRT GH

COURT OF APPEAL, FIRST CIRCUIT

F COURT