State v. Boniface

11MURRAY, Judge.

On the application of the defendant we grant certiorari in order to consider the validity of the trial court’s denial of defendant’s motion to enlarge without bail. The defendant was arrested and charged with first degree murder and attempted first degree murder. When the State had not filed a bill of information or indictment after more than sixty days, the defendant was released pursuant to La.Code Crim.Proc. art. 701.

The defendant was rearrested on December 28, 1994, and charged by bill of indictment with second degree murder. He filed a motion to enlarge requesting release…