88-K-0925 Precedential Reversed Processed

State v. Weilbacher

Louisiana Supreme Court · Filed September 30, 1988 · 531 So. 2d 456

Cited by

State v. Stamm 569 So. 2d 85 La. Ct. App. 1st Cir. 1990
State v. Wallace 539 So. 2d 123 La. Ct. App. 2d Cir. 1989
State v. Edwards 537 So. 2d 855 La. Ct. App. 1st Cir. 1989
State v. Weilbaecher 534 So. 2d 973 La. Ct. App. 5th Cir. 1988

Opinion text

531 So.2d 456 (1988) STATE of Louisiana v. Kerry WEILBACHER. No. 88-K-0925. Supreme Court of Louisiana. September 30, 1988. *457 John M. Mamoulides, Dist. Atty., Dorothy A. Pendergast, Asst. Dist. Atty., Gretna, for applicant. Wayne Douglas Mancuso, Harahan, for respondent. PER CURIAM. Granted. The judgment of the court of appeal, which dismissed relator's application for review because the record did not contain a signed judgment, is reversed. In a bench trial a judgment of guilty, pronounced by the judge on the record in open court and recorded in the minutes, is sufficient. The case is remanded to the court of appeal for consideration of and action on the merits of the application. DENNIS, Justice, dissenting. The court of appeal judgment is correct: "A valid sentence must rest upon a valid and sufficient ... judgment...." La.C. Cr.P. art. 872; see id., comment (d).