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STATE v. CHARNEY

No. K89-242.

541 So.2d 927 (1989)

STATE of Louisiana v. David L. CHARNEY.

Court of Appeal of Louisiana, Third Circuit.

March 13, 1989.

Attorney(s) appearing for the Case

Richard Ieyoub, Dist. Atty., David L. Kimball and Elizabeth S. McCall, Asst. Dist. Attys., Lake Charles, for applicant.

Evelyn M. Oubre, Lake Charles, for respondents.

Before FORET, LABORDE and KNOLL, JJ.

WRIT GRANTED AND MADE PEREMPTORY.

The trial judge's order releasing the defendant from the custody of the Calcasieu Parish jail is vacated and set aside. Since La.C.Cr.P. art. 701(C) does not provide a remedy for its violation, the state's failure to meet that thirty day period must be weighed in accordance with the four factors enumerated in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972); State v. Cody...

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