STATE OF LOUISIANA VERSUS

NUMBER:

SECTION: VII

19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE RANDELL WILKERSON STATE OF LOUISIANA

*************************************************************************** MOTION FOR RELEASE UNDER LA. C.CR.P. ARTICLE 701 (B) *************************************************************************** NOW INTO COURT, through undersigned counsel, comes, RANDELL

WILKERSON, named defendant in the above entitled cause who respectfully moves this court pursuant to Louisiana Code of Criminal Procedure Article 701 (B) to grant his motion for release on the following grounds: I. This court is vested with power to handle this matter under Louisiana Code of Criminal Procedure Article 16 which states, Courts have the jurisdiction and power over criminal proceedings that are conferred upon them by constitution and statutes of this state, unless restricted by provisions of this code. II. Defendant was arrested on the 22nd day of October, 2007 and charged with PWITD COCAINE AND PWITD MDMA. Bail was set in the amount of $ 45,000.00. Following said arrest, the defendant has been incarcerated at the East Baton Rouge Parish Prison in excess of 100 days without being formally charged by bill of indictment or information in violation of Louisiana Code of Criminal Procedure Article 701 (B), which imposes a time limitation of 60 days for institution of prosecution in all felony cases where the defendant remains incarcerated. III. Defendant asserts that continued incarceration without having been billed or indicted by the state for a crime (felony) within 60 days period required under La. C.Cr.P. Art. 701(b) entitles him immediate release of the bond obligation and/or dismissal of prosecution.

WHEREFORE, mover prays that a hearing be held, contradictorily with the State of Louisiana and thereafter that the defendant be released form his bail obligation. RESPECTFULLY SUBMITTED: ROTHKAMM LAW FIRM, L.L.C. 256 East Boulevard Baton Rouge, Louisiana 70802 Telephone: (225) 336-0056 By:__________________________ C. JAMES ROTHKAMM, JR. La. Bar Roll No. 20350

STATE OF LOUISIANA VERSUS

NUMBER:

SECTION: VII

19TH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE RANDELL WILKERSON STATE OF LOUISIANA

*************************************************************************** ORDER *************************************************************************** CONSIDERING THE ABOVE AND FOREGOING MOTION: IT IS ORDERED that the State of Louisiana, through the Office of the District Attorney, appear and show cause on the _______ day of _____________________, 2008, at ______ o'clock ____. m., why this 701 Motion should not be granted and the defendant, RANDELL WILKERSON should not be released from his bond obligation and released from custody. Baton Rouge, Louisiana this __________ day of _______________, 2008. ________________________________________ JUDGE, 19TH JUDICIAL DISTRICT COURT

CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing Motion For Release Under La. C.Cr.Proc.. Article 701 (B) has been hand delivered to: Section VII Office of the District Attorney 222 St. Louis Street Fifth Floor Baton Rouge, Louisiana 70802 Baton Rouge, Louisiana, this 13th day of February, 2008. ______________________________ C. James Rothkamm, Jr.