K89-107 Precedential Processed

State v. Davis

Louisiana Court of Appeal, Third Circuit · Filed April 26, 1989 · 542 So. 2d 856

Cited by

Distinguished in 1

State v. Howard 805 So. 2d 1247 La. Ct. App. 4th Cir. 2002
State v. Bass 767 So. 2d 772 La. Ct. App. 4th Cir. 2000
State v. Hancock 748 So. 2d 549 La. Ct. App. 1st Cir. 1999
State v. Williams 681 So. 2d 77 La. Ct. App. 1st Cir. 1996
State v. Dorsey 672 So. 2d 188 La. Ct. App. 3d Cir. 1996
State v. McCoy 586 So. 2d 697 La. Ct. App. 1st Cir. 1991
Spataro v. STATE, DEPT. OF PUBLIC SAFETY & CORR. 577 So. 2d 795 La. Ct. App. 2d Cir. 1991

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Milson 458 So. 2d 1037
State v. McQueen 308 So. 2d 752

Opinion text

542 So.2d 856 (1989) STATE of Louisiana v. Sadie A. DAVIS. No. K89-107. Court of Appeal of Louisiana, Third Circuit. April 26, 1989. *857 G. Paul Marx, Lafayette, for applicant. Richard Weimer, Asst. Dist. Atty., Lafayette, for respondents. Before STOKER, KNOLL and KING, JJ. Writ granted and made peremptory. The trial court erred in sentencing relator after the lapse of three years and nine months since conviction. The delay, in and of itself, was unreasonable and the record does not reflect any factors which would justify such a delay. See, State v. Milson, 458 So.2d 1037 (La.App. 3 Cir.1984). The ruling of the trial court is reversed and it is divested of jurisdiction to sentence relator for the offense. La.C.Cr.P. art. 874; State v. McQueen, 308 So.2d 752 (La.1975). Therefore, the sentence imposed on the relator, Sadie A. Davis, on October 24, 1988 is vacated and set aside and relator is hereby ordered discharged.