
    STATE of Louisiana v. Renee Y. DAIGLE.
    No. 61225.
    Supreme Court of Louisiana.
    Dec. 22, 1977.
   In re: Renee Y. Daigle applying for writ of certiorari and review. Evangeline Parish.

Writ refused. No error.

TATE, J.,

concurs: La.C.Cr.P. art. 230.1 (1977) requires an accused to be brought before the judge within 72 hours for purposes of appointment of counsel. An accused is entitled to be released forthwith until counsel is secured, if no appointment is made. Here the right to be released is moot, since counsel has been secured. The remedy for violation is exclusion of any statement secured when counsel should have been but was not afforded.

DIXON, J.,

would grant. The legislature has clearly provided that the sanction for the violation of 230.1 of C.Cr.P. is the immediate release of the defendant. This ruling ignores the plain words and clear intent of the statute.

CALOGERO, J., is of the view the writ should be granted. The law is unequivocal.

DENNIS, J., is of the opinion the writ should be granted.  