State Of Louisiana v. Cleao Dunn, Jr.

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2021 KW 0371

VERSUS

CLEAO DUNN, JR.
JULY 19, 2021

In Re: State of Louisiana, for
applying supervisory writs,
20th Judicial District Court, Parish of East
Feliciana, No. 18 - CR --403.

BEFORE: WHIPPLE, C. J., WELCH AND WOLFE, JJ.

WRIT GRANTED. The district court' s ruling setting bail
pending appeal is vacated, and the matter is to
remanded the
district court for a determination at the district court' s
discretion if bail should be imposed. Under La. Code Crim. P.
art. 312( F), bail pending appeal shall be allowed if a sentence
of five years or less is imposed,
actually and bail may be
allowed if the sentence imposed actually exceeds imprisonment
for five years. The defendant' s total sentence imposed was ten
years imprisonment; thus, bail pending appeal was not required.
See State ex rel. Alexander v. Fifteenth Judicial Dist. Court
Lafayette Parish, 471 So. 2d 1390 ( La. 1985); see also State v.

Swaggerty, 417 So. 2d 135 ( La. App. 5th Cir. 1982). Furthermore,
pursuant to Article 312( F), in determining whether to impose
bail, the district court should consider whether the defendant
is a danger to the community, particularly in light of the
violent offenses for which he was convicted,
against him,
the charges pending
and his criminal
history. See La. Code Crim. P.
art. 14: 2 ( B) ( 33) .

VGW
JEW
EW

COURT OF APPEAL, FIRST CIRCUIT

DEPU CLERK OF COURT
FOR THE COURT