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582 So. 2d 849

State v. Debat

Supreme Court of Louisiana

Decided June 28, 1991

Supreme Court of Louisiana · decided 1991-06-28

Relies on 376 So. 2d 103 - State v. Sterling

Decided 1991-06-28

¶1In re State of Louisiana; — Plaintiff(s); applying for writ of certiorari and/or review; Parish of Orleans, Criminal District Court, Div. “I”, No. 345-813; to the Court of Appeal, Fourth Circuit, No. 91KW-0974.

¶2Granted. Trial court’s order granting all defense motions is vacated. The proper remedy for the state’s failure to show probable cause at the preliminary examination is the release of defendant from custody or bail. State v. Sterling, 376 So.2d 103 (La.1979). Case is remanded to the trial court for further proceedings.

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