No. 2019-K-0227 Precedential Processed

State v. Francis

Louisiana Supreme Court · Filed April 29, 2019 · 268 So. 3d 289

Cited by

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State of Louisiana v. Michael T. Robinson Denzel West Kirk Powell La. Ct. App. 4th Cir. 2024
State of Louisiana v. Gerald West La. Ct. App. 4th Cir. 2023
State of Louisiana v. Dashone Reynolds La. Ct. App. 4th Cir. 2023
State of Louisiana v. Zackery Shane Deville A/K/A Zackery Deville La. Ct. App. 3d Cir. 2022
State of Louisiana v. Vernon Holden A/K/A Vernon Demtrius Holden, Jr. La. Ct. App. 3d Cir. 2020
State of Louisiana v. Dolan McGinnis La. Ct. App. 4th Cir. 2020

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Augustine 555 So. 2d 1331

Opinion text

PER CURIAM: Writ granted in part. Defendant was found guilty of manslaughter in response to the charge of second degree murder. The district court sentenced him to 25 years imprisonment at hard labor without observing the 24-hour sentencing delay required by La.C.Cr.P. art. 873. The district court erred. Defendant did not waive the delay, and the error in failing to observe the delay is not harmless because defendant challenged his sentence. See State v. Augustine , 555 So.2d 1331 (La. 1990). Accordingly, we grant the application in part, vacate the sentence, and remand to the *290 district court for resentencing. Defendant's application is otherwise denied.