STATE v. PERILLOUX (2023)

Writ application granted. See per curiam.

Writ granted. The district court erred in finding that the circumstances of the crimes and the evidence and testimony presented at trial and at sentencing are irrelevant to the question of whether “defendant's release will pose a danger to any other person or the community, or that there is a substantial risk that defendant might flee” pursuant to La.C.Cr.P. art 312. See, e.g., State v. Moore, 419 So.2d 963, 969 (La. 1982). For the reasons provided by Judge Wicker, dissenting in the court of appeal, we find the district court abused its discretion in granting defendant's motion to set an appeal bond. We reverse the ruling of the court of appeal and we vacate the district court's order setting an appeal bond. Defendant shall remain in state custody pending the appeal. We hereby lift the stay previously imposed.

STAY LIFTED; REVERSED AND VACATED