LINDSAY, Judge.
The defendant, Dennis R. Leonard, filed a writ of habeas corpus in the trial court claiming his statutory right to a speedy trial under LSA-C.Cr.P. Art. 701(D) had been violated by failure of the state to commence trial within 120 days of the filing of his motion for speedy trial. Defendant claimed that under the statute, because no trial was held within the time period provided by the statute, he was entitled to release from custody without bail....
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