State of Louisiana v. Mychal D. Bell, Rendered 9/18/2007 (Decision on Motion to Enforce is "Premature.")

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
NO: KM 07-01142
Judgment rendered and mailed to all
parties or counsel of record on
September 18, 2007.

STATE OF LOUISIANA VERSUS MYCHAL D. BELL

FILED: 09/18/07
On application of Mychal D. Bell for Motion to Enforce in No. 82112 on the docket
of the Twenty-Eighth Judicial District Court, Parish of LaSalle, Hon. John Philip
Mauffray, Jr.
Counsel for:
Louis Granderson Scott
Mychal D. Bell
Carol Denise Powell-Lexing
Counsel for:
Hon. J. Reed Walters
State of Louisiana
Lake Charles, Louisiana, on September 18, 2007.
MOTION NOT CONSIDERED: The motion for release from custody, filed by the
Defendant in this court, is premature. The Defendant does not allege that he has filed an application in the trial court seeking release from custody, based on this court's prior ruling vacating his conviction in district court, pursuant to either the habeas corpus provisions of La.Code Crim.P. arts. 351, et. seq., which mandate a hearing on such a motion within seventy-two hours, or the bail provisions of La.Ch.Code arts.

817-831, if applicable. See also La.Code Crim.P. art. 912.1(C)(1).
For this reason, the Defendant's motion is not considered.
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SRC JDS
MGS