53819 Precedential Processed

State v. Hall

Louisiana Supreme Court · Filed December 3, 1973 · 287 So. 2d 798

Cited by

State v. Turner 610 So. 2d 975 La. Ct. App. 1st Cir. 1992
State v. Jones 607 So. 2d 828 La. Ct. App. 1st Cir. 1992
State v. Mickey 604 So. 2d 675 La. Ct. App. 1st Cir. 1992
State v. Cox 602 So. 2d 1081 La. Ct. App. 1st Cir. 1992
State v. Anderson 603 So. 2d 780 La. Ct. App. 1st Cir. 1992
State v. Harris 601 So. 2d 779 La. Ct. App. 1st Cir. 1992
State v. Harris 601 So. 2d 775 La. Ct. App. 1st Cir. 1992
State v. Johnson 598 So. 2d 1152 La. Ct. App. 1st Cir. 1992
State v. Tenner 593 So. 2d 1317 La. Ct. App. 1st Cir. 1991
State v. Esponge 593 So. 2d 677 La. Ct. App. 1st Cir. 1991
State v. Alonzo 587 So. 2d 136 La. Ct. App. 2d Cir. 1991
State v. Seal 581 So. 2d 735 La. Ct. App. 1st Cir. 1991

all 16 citing documents »

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Flanagan 254 La. 100
State v. Rutledge 259 La. 544
State v. Rutledge 250 So. 2d 734
State v. Johnson 220 La. 64
State v. Carson 160 La. 1

Opinion text

287 So.2d 798 (1973) STATE of Louisiana v. Glenn Patrick HALL. No. 53819. Supreme Court of Louisiana. December 3, 1973. Rehearing Denied January 11, 1974. *799 Joseph Neves Marcal, III, New Orleans, for defendant-appellant. William J. Guste, Jr., Atty. Gen., LeRoy A. Hartley, Asst. Atty. Gen., Jim Garrison, Dist. Atty., Louise Korns, Asst. Dist. Atty., for plaintiff-appellee. SUMMERS, Justice. Defendant was charged by bill of information with having committed aggravated burglary. La.Crim.Code art. 60. He was tried, convicted and sentenced to serve fifteen years at hard labor and to pay $28 court costs, or, in default of the payment of costs, to serve thirty days in the parish prison, the sentences to run consecutively "to any time the defendant may owe the State of Louisiana." Conceding that he has not timely perfected any of the five bills of exceptions reserved during the trial, defense counsel urges that this Court should nevertheless consider the merits of these bills. In support of his position he asserts in a motion to this Court that prior to his employment, no less than three attorneys were separately employed by defendant's mother to represent him in these proceedings. For these reasons, counsel asserts that he mistakenly assumed that the bills of exceptions had been perfected by one of his predecessors. Consequently, he did not discover the omission until the time for perfecting the bills had expired. Although these bills were reserved during the trial, La.Code Crim.Proc. art. 841, they were not perfected as required by Articles 844, 845 of the Code. Thus, they do not constitute formal bills of exceptions which may be reviewed on appeal. La. Code Crim.Proc. arts. 844, 920; State v. Flanagan, 254 La. 100 , 222 So.2d 872 (1969). We do note, however, as we are authorized to do, an error in the sentencing which is discoverable by a mere inspection of the minutes of the proceedings. La.Code Crim. Proc. art. 920(2). No credit is allowed for time served. "The court, when it imposes sentence, shall give a defendant credit toward service of his sentence for time spent in actual custody prior to the imposition of sentence." La.Code Crim.Proc. art. 880. For the reasons assigned, this case is remanded to the trial court for correction of sentence. La.Code Crim.Proc. art. 882; State v. Rutledge, 259 La. 544 , 250 So.2d 734 (1971); State v. Johnson, 220 La. 64 , 55 So.2d 782 (1951); State v. Carson, 160 La. 1 , 106 So. 653 (1925). BARHAM and CALOGERO, JJ., concur.