STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2021 Kw 0690 VERSUS

RAYMOND JAMES TATE OCTOBER 1, 2021

In Re: State of Louisiana, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 18- 202725.

BEFORE: MCCLENDON, WELCH, AND THERIOT, JJ.

WRIT GRANTED IN PART AND DENIED IN PART. The district court erred in denying the state' s objection to the defendant' s request for a preliminary examination while awaiting the sanity commission' s determination as to the defendant' s capacity to proceed pursuant to the defendant' s motion to appoint a sanity commission. See La. Code Crim. P. arts. 642 and 643.

Accordingly, the district court' s ruling is vacated, and this matter is remanded to the district court for further proceedings. However, the state' s claim the regarding defendant' s request to issue a subpoena to the juvenile victim for the preliminary examination hearing is denied. The district court stayed the matter and did not yet issue a on the ruling defendant' s request for a subpoena.

PMC JEW MRT

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT