88-KA-218 Precedential Amended Processed

State v. Sherman

Louisiana Court of Appeal, Fifth Circuit · Filed October 12, 1988 · 532 So. 2d 908

Cited by

State v. Charles 666 So. 2d 1147 La. Ct. App. 5th Cir. 1995
State v. Mills 665 So. 2d 489 La. Ct. App. 1st Cir. 1995
State v. Malinda 663 So. 2d 882 La. Ct. App. 5th Cir. 1995
State v. Sampson 656 So. 2d 1085 La. Ct. App. 5th Cir. 1995
State v. Wright 650 So. 2d 291 La. Ct. App. 5th Cir. 1995
State v. Marine 648 So. 2d 1022 La. Ct. App. 1st Cir. 1994
State v. Troulliet 643 So. 2d 1267 La. Ct. App. 5th Cir. 1994
State v. Leroux 641 So. 2d 656 La. Ct. App. 5th Cir. 1994
State v. Bradham 638 So. 2d 428 La. Ct. App. 5th Cir. 1994
State v. Brabham 638 So. 2d 428 La. Ct. App. 1st Cir. 1994
State v. Pineyro 631 So. 2d 1203 La. Ct. App. 1st Cir. 1994
State v. Dillon 631 So. 2d 1171 La. Ct. App. 5th Cir. 1994

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State v. Godejohn 425 So. 2d 750

Opinion text

532 So.2d 908 (1988) STATE of Louisiana v. Chris D. SHERMAN. No. 88-KA-218. Court of Appeal of Louisiana, Fifth Circuit. October 12, 1988. Dorothy A. Pendergast, Asst. Dist. Atty., Research & Appeals, Office of the Dist. Atty., Gretna, for plaintiff/appellee. Martha E. Sassone, Indigent Defender Bd., Gretna, for defendant/appellant. Before KLIEBERT, WICKER and GOTHARD, JJ. GOTHARD, Judge. Defendant, Chris D. Sherman, charged with three counts of armed robbery (LSA-R.S. 14:64), pleaded guilty to two counts after the State dismissed the other, and was sentenced to two consecutive 12½ year terms at hard labor without benefit of probation, parole, or suspension of sentence. He appeals this sentence, urging only that this court review the record for errors patent. LSA-C.C.P. art. 920; State v. Godejohn, 425 So.2d 750 (La.1983). We have reviewed the record and find that the sentencing transcript and minutes, unlike the Commitment, fail to show that the trial judge gave defendant credit toward service of his sentence for time spent in actual custody prior to the imposition of sentence. Such an allowance is mandatory. LSA-C. Cr.P. art. 880. Accordingly, the conviction is affirmed. However, the sentence imposed is amended to confirm the Commitment and give defendant credit toward service of his sentence for time spent in actual custody prior to imposition of sentence in compliance with the mandatory terms of LSA-C.Cr.P. art. 880. *909 CONVICTION AFFIRMED, SENTENCE AMENDED AND AS AMENDED AFFIRMED.