State of Louisiana Versus Dylan Zimmerman

STATE OF LOUISIANA NO. 24-K-578

VERSUS FIFTH CIRCUIT

DYLAN ZIMMERMAN COURT OF APPEAL

STATE OF LOUISIANA

December 20, 2024

Linda Wiseman
First Deputy Clerk

IN RE STATE OF LOUISIANA

APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT,
PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE KIRK A.
VAUGHN, DIVISION "A", NUMBER 23-439

Panel composed of Judges Susan M. Chehardy,
Jude G. Gravois, and Timothy S. Marcel

WRIT GRANTED

Relator, the State of Louisiana, seeks review of the trial court’s granting of
bond on a detainer placed on an individual supervised pursuant to the Interstate
Compact for Adult Offender Supervision (at times “ICAOS”). For the reasons that
follow, we grant relator’s writ application.

In October 2023, defendant, Dylan Zimmerman, was arrested in St. John the
Baptist Parish, for possession with intent to distribute fentanyl. At the time of his
arrest, defendant was charged with five felony counts in a bill of information also
filed in St. John the Baptist Parish arising from defendant’s arrests in December
2022. Additionally, defendant was on probation for a felony conviction in the state
of Arizona. Supervision of defendant’s Arizona probation was transferred to the
state of Louisiana in November 2021 under the ICAOS.1 Officer Thomas Perez of
the Louisiana Department of Public Safety and Corrections was assigned
defendant’s Arizona probation supervision.

Officer Perez placed a detainer hold on defendant following the October
2023 arrest for violating conditions of his Arizona probation. On August 27, 2024,
defendant filed a Motion for Bail Pursuant to La. C.Cr.P. art. 899(C) in the 40th
Judicial District Court. The trial court issued an ex parte order fixing bail on the
detainer at one-thousand five hundred dollars ($1,500.00) and scheduled a hearing
for October 16, 2024. Based on the trial court’s ex parte order, defendant was
released from custody by the St. John the Baptist Parish Sheriff’s Office on an
unsecured personal surety. The October 16, 2024, hearing was continued to

1
La. R.S. 15:574.31 et seq.

24-K-578 1

November 14, 2024. Between October 16 and November 14, defendant appeared
before another division of the 40th JDC for pre-trial criminal proceedings related to
charges from his December 2022 arrests. On that day, in court, defendant was
taken back into custody by Officer Perez for violating probation.

The trial court conducted a probation bond hearing on November 14, 2024.2
Officer Perez testified that he began supervising defendant under the ICAOS at the
end of 2021.3 Following defendant’s arrest in October 2023, Officer Perez
submitted a “Compact Action Request” to notify Arizona that defendant had been
detained based on his arrest in Louisiana on October 11, 2023.4 In addition,
admitted into evidence as State Exhibit 3 was “Progress Report” prepared by
Officer Perez and transmitted to Arizona in October 2023, which reported
defendant’s three arrests in St. John the Baptist Parish. In the “Compact Action
Request”, Officer Perez sought direction from Arizona regarding holding
defendant and whether Arizona wished to “retake” defendant. Arizona responded
by stating that defendant was not available for retaking under Rule 5.101-1 due to
the pending felony charges in Louisiana, but requested updates on defendant’s
criminal cases in St. John the Baptist Parish.5 Based on the evidence presented at
the hearing, the trial court reinstated defendant’s detainer bond.

Defendant’s Arizona probation is supervised by the Louisiana Department of
Public Safety and Corrections pursuant to the ICAOS, to which Louisiana is a
compacting state.6 Administration of the ICAOS is vested in the Interstate
Commission for Adult Offender Supervision.7 The Commission possesses the
authority to promulgate rules for supervision of probationers which have the
binding force and effect of statutory law in the compact states.8 Conflicts between
compacting states’ laws and Commission rules are resolved in favor of rules of the
Commission.9 Applicable herein are the following Commission rules for the
ICAOS:

Rule 4.109-1 of the ICAOS provides: “an offender in violation of the
terms and conditions of supervision may be taken into custody or
continued in custody by the receiving state.”

Rule 5.101-1(c) provides: “notwithstanding any other rule, if a
supervised individual is charged with a subsequent felony or violent
crime, the individual shall not be retaken or ordered to return until
criminal charges have been dismissed, sentence has been satisfied, or
the individual has been released to supervision for the subsequent
offense, unless the sending and receiving states mutually agree to the
retaking or return.”

Rule 5.111 provides: “a supervised individual against whom retaking
procedures have been instituted by a sending or receiving state shall
not be admitted to bail or other release conditions in any state.”

2
On the same date, the trial court also held a preliminary examination and found probable cause for
defendant’s October 2023 arrest.
3
State Exhibit 1.
4
State Exhibit 2.
5
State Exhibit 4.
6
La. R.S. 15:574.31, et seq.
7
La. R.S. 15:574.35.
8
Id.
9
La. R.S. 15:574.44.

2
24-K-578

In this case, defendant was taken into custody on a probation detainer
following his arrest on felony charges in St. John the Baptist Parish. Officer Perez
instituted procedures for the defendant’s retaking by the state of Arizona after a
disposition of his felony criminal charges in Louisiana. Under Rule 5.111 of the
Interstate Commission for Adult Offender Supervision, setting of bond by the 40th
JDC on defendant’s probation detainer was proscribed. Accordingly, relator’s writ
is granted and the trial court’s orders authorizing the release of defendant from the
probation detainer are vacated.

Gretna, Louisiana, this 20th day of December, 2024.

TSM
SMC
JGG

3
24-K-578

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 12/20/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-K-578
E-NOTIFIED
40th District Court (Clerk)
Honorable Vercell Fiffie (DISTRICT JUDGE)
Honorable Kirk A. Vaughn (DISTRICT JUDGE)
Anthony J. Ibert (Relator) Bernard J. Bagert, Jr. (Respondent)
Mark A. Marino (Respondent)

MAILED
Honorable Bridget A. Dinvaut (Relator)
District Attorney
Fortieth Judicial District
Parish of St. John the Baptist
1342 La. Highway 44
Reserve, LA 70084