¶1In re: Edward Thibodaux, applying for supervisory writs and a stay order.
¶2Writ granted. The trial court apparently took judicial notice of bail-factors set forth by La.C.Cr.P. Art. 317(2) and (3), without requiring evidence as to them. The bail-reduction hearing is to be re-opened for purposes of receiving evidence as to these factors, insofar as the state relies upon them in opposing reduction. Remanded for that purpose.
¶3dissent and are of the opinion that there is no abuse of discretion on the part of the trial judge.