K89-426 Precedential Processed

State v. Quinney

Louisiana Court of Appeal, Third Circuit · Filed April 21, 1989 · 543 So. 2d 1050

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Opinion text

543 So.2d 1050 (1989) STATE of Louisiana v. James QUINNEY. No. K89-426. Court of Appeal of Louisiana, Third Circuit. April 21, 1989. Writ Denied May 30, 1989. *1051 Charles A. Riddle, III, Marksville, for applicant. J. Edward Knoll, Dist. Atty., Marksville, for respondent. Before GUIDRY, STOKER and YELVERTON, JJ. WRIT GRANTED AND MADE PEREMPTORY: The trial court erred in refusing to quash and dismiss the prosecution due to the unreasonable delay between entry of a plea of guilty and sentence, i.e., thirteen (13) years. 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).