The writ application is granted in part, denied in part. Judge's order dismissing the charges is vacated. The judge of the Twelfth Judicial District Court exceeded his powers in ordering the charges against the defendant dismissed. When the court in a preliminary examination finds that the defendant is being held without probable cause the court shall order that the defendant be released from custody or bail. La.C.Cr.P. Art. 296. The court may not order the charges dismissed...
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