Opinion
NO. 2013 KW 2035
03-14-2014
STATE OF LOUISIANA v. TROY A. RODRIGUEZ
In Re: Troy A. Rodriguez, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 10-13-0209.
BEFORE: PETTIGREW, McDONALD AND McCLENDON, JJ.
WRIT DENIED. We are informed by the office of the Clerk of Court of East Baton Rouge Parish that relator has been billed and arraigned on the charges at issue in his motion for release of bond obligation by authority of Article 701 (B). In State v. Varmall, 539 So.2d 45, 46 (La. 1989) (per curiam), the Louisiana Supreme Court stated that "[d]etention beyond the statutory period is illegal, but the illegality ceases when a significant judicial event subsequently occurs." Therefore, the technical violation was remedied once a bill of information was filed. See State ex rel. Newton v. Clark, 593 So. 2d 384 (La. 1992) . As a result, relator is not entitled to the relief that he seeks in this writ.
PMc
JTP
JMM
COURT OF APPEAL, FIRST CIRCUIT ________________
DEPUTY CLERK OF COURT
FOR THE COURT