In Re: Virginia Foat applying for Supervisory and Remedial Writs, Parish of Jefferson, Number 83-169, Division “M”; Court of Appeal, Fifth Circuit, No. 83-K-326.

Denied.

dissenting from the denial.

Defendant is entitled to a determination of her eligibility for bail. She is not charged with a capital offense; see State v. Polk, 376/151. Upon her return to this state (see C.Cr.P. 271,312) she is eligible for bail.