99-OK-2338 Precedential Processed

State v. Gilbert

Louisiana Supreme Court · Filed February 4, 2000 · 758 So. 2d 779

Cited by

State Of Louisiana v. Jeremy Paul Sims La. Ct. App. 1st Cir. 2024
State of Louisiana v. Andre Bell La. Ct. App. 2d Cir. 2020
State of Louisiana v. Donald Runnels La. Ct. App. 3d Cir. 2012
State v. Runnels 101 So. 3d 1046 La. Ct. App. 1st Cir. 2012
State v. Martinez 38 So. 3d 926 La. Ct. App. 1st Cir. 2010
State v. Riggins 885 So. 2d 42 La. Ct. App. 1st Cir. 2004
State v. Hardan 882 So. 2d 625 La. Ct. App. 1st Cir. 2004
State v. Darensbourg 871 So. 2d 533 La. Ct. App. 1st Cir. 2004
State v. Alexander 871 So. 2d 483 La. Ct. App. 5th Cir. 2004
State v. Garrus 849 So. 2d 796 La. Ct. App. 1st Cir. 2003
State v. Armant 839 So. 2d 271 La. Ct. App. 5th Cir. 2003
State v. Gilliam 807 So. 2d 1024 La. Ct. App. 5th Cir. 2002

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Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Bunnell 508 So. 2d 55
State v. Taylor 656 So. 2d 722

Opinion text

758 So.2d 779 (2000) STATE of Louisiana v. O'Neil GILBERT. No. 99-OK-2338. Supreme Court of Louisiana. February 4, 2000. PER CURIAM. [*] Granted. This case is remanded to the court of appeal for purposes of reinstating the defendant's appeal and for rebriefing. A defendant may appeal from a judgment which imposes a sentence, La.C.Cr.P. art. 912(C)(1), and such appeals are "favored in the law ." State v. Bunnell, 508 So.2d 55 (La.1987). An appellate court therefore may not dismiss a timely and properly filed appeal on grounds that the district court may vacate sentence and resentence the defendant on a pending multiple offender *780 bill under La.R.S. 15:529.1. La. C.Cr.P. art. 916(8) vests jurisdiction in the district court to resentence the defendant as a multiple offender despite a pending appeal and thereby allows for prompt disposition of all issues related to punishment not only in the district court but also in an appellate court which otherwise has jurisdiction over the case. If the court of appeal has notice of a pending multiple bill and wishes to avoid piecemeal litigation, it may delay disposing of the appeal, direct the district court to expedite the hearing on defendant's multiple offender status, and, if necessary, exercise its authority under La.C.Cr.P. art. 914.1(C) to designate additional portions of the proceedings below as part of the appellate record for review, at any time before finality of its decision on the merits. La.C.Cr.P. art. 922; see State v. Taylor, 93-226 (La.App. 5th Cir.5/30/95), 656 So.2d 722 . NOTES [*] Lemmon, J., not on panel. See La.S.Ct.Rule IV, Part II, § 3.