STATE v. PREATTO (2019)

ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS

GRANTED; STAY RECALLED.

The ruling of the district court releasing defendant from custody and relieving defendant of his bail obligation is vacated and set aside. We find no violation of defendant's right to a speedy trial under La.C.Cr.P. art. 701(D) because defense counsel acquiesced to the September 17, 2019 trial date which was beyond the statutory time delays for a speedy trial provided in La. C.Cr.P. art. 701(D). Accordingly, we order that defendant be remanded to custody of the Orleans Parish Sheriff and that defendant's bail obligation be reinstated.

Johnson, C.J., would deny the writ application. Hughes, J., would deny the writ application.