Opinion
NO. 19-K-429
10-25-2019
STATE OF LOUISIANA v. CHRISTOPHER COLLINS
Susan Buchholz First Deputy Clerk IN RE CHRISTOPHER COLLINS APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE M. LAUREN LEMMON, DIVISION "D", NUMBER 18,614 AND 828203 Panel composed of Judges Fredericks Homberg Wicker, Marc E. Johnson, and Stephen J. Windhorst
WRIT GRANTED; REMANDED WITH INSTRUCTIONS
Relator, Christopher Collins, seeks review of the trial court's order that modified his bail bond by increasing it to $250,000. He alleges that the trial court abused its discretion by unilaterally increasing the bond from $10,000 to $250,000 on a first offense driving while intoxicated charge without "good cause."
Relator was arrested on May 28, 2018 and charged with misdemeanor driving while intoxicated ("DWI") in violation of La. R.S 14:98; child endangerment; possession of drug paraphernalia; open alcohol container; and the sole felony at the time, possession of hydrocodone. The following day, a 72-hour probable cause determination ("the hearing") was held, at which the magistrate judge found probable cause to exist, and bail was set at $40,000 for all charges. Bail was reduced to $10,000 by the magistrate judge upon production of a prescription for the hydrocodone, and Relator satisfied bail by posting $1,000.00 cash.
The court on its own motion or by motion of the defendant or State for good cause may increase or decrease the bail or demand additional or new security. La. C.Cr.P. art. 319. One statutory "good cause" for increasing bail is if the person is arrested on a new charge allegedly committed while on bond. Id. The test for excessiveness of bail is whether it has been set higher than reasonably calculated to guarantee the appearance of the accused in court. Foster v. Louisiana Dept. of Corrections, 382 So.2d 986 (La. App. 1st Cir. 1980).
Here, in increasing Relator's bail from $10,000 to $250,000, the trial court stated it believed Relator to be a danger to himself and others. It referenced Relator's arrest at the time of the current DWI charge for the misdemeanor offenses of child endangerment, possession of hydrocodone (for which a valid prescription was provided to the magistrate judge), possession of drug paraphernalia, and possession of an open alcohol container in a vehicle. The trial court also noted that Relator had been previously "arrested" (more than fifteen years prior to the current offense) in 1997, 1998, 1999, and 2002 for DWI offenses.
In its reasons, the trial court did not indicate how Relator's danger to others would affect the probability of his appearance. Additionally, because Relator's predicate convictions were quashed, Relator has been charged as a first offense DWI offender. For a first offense DWI conviction with a blood alcohol concentration of .131, Relator would be subject to a fine of not less than three hundred dollars nor more than one thousand dollars and imprisoned for not less than ten days nor more than six months. See La. R.S. 14:98.1(A).
Considering the nature of this misdemeanor offense, Relator's sentencing exposure, Relator's other pending charges (which are misdemeanors), and in light of Relator's appearance in court after having been out on bail for over a year with no evidence of wrongdoing or danger to society during the period he was out on bail, we find "good cause" lacking for the substantial increase by the trial court in the bond on Relator's charge of first-offense DWI. Thus, we find Relator's $250,000 bond excessive.
The facts surrounding the instant offense are limited. The police report is not contained in the instant writ application, and a factual basis was not provided by the State at the proceedings held on July 23, 2019. Relator's blood alcohol concentration is all that is known based upon the court's reference to it during the July 2019 proceeding. --------
At the time bail was set at $10,000, Realtor was charged with misdemeanor first offense DWI. Further, the subsequent bill of information alleged that Relator was under the influence of a combination of alcohol and one or more drugs that are obtainable with or without a prescription. Although the prior convictions were too old to serve as predicate offenses to make this case a fourth or subsequent offense DWI felony, they may and should be considered in applying "factors in fixing bail" provided in La. C.Cr.P. art. 316 (1), (3) and (5), and possibly (7). Specifically, those factors are:
(1) The seriousness of the offense charged...;
(3) The previous criminal record of the defendant;
(5) The nature and seriousness of the danger to any other person or the community that would be posed by the defendant's release; [and]
(7) The absence or presence of in the defendant of any controlled dangerous substance.
Accordingly, the writ application is granted. We remand this matter to the trial court for a hearing within fifteen (15) days to reset bail at a recommended amount of no more than $35,000.
Gretna, Louisiana, this 25th day of October, 2019.
MEJ
FHW
SJW