No. 59513 Precedential Processed

State v. Taylor

Louisiana Supreme Court · Filed September 19, 1977 · 349 So. 2d 1245

Cited by

State v. McNeal 785 So. 2d 957 La. Ct. App. 2d Cir. 2001
State v. Dickerson 538 So. 2d 1063 La. Ct. App. 4th Cir. 1989
State v. Coleman 514 So. 2d 583 La. Ct. App. 1st Cir. 1987

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Young 337 So. 2d 1196

Opinion text

PER CURIAM. The record discloses that the defendant was sentenced only two days following his conviction, rather than the three days required by article 873 of the Code of Crim- *1246 mal Procedure, and does not indicate that the defendant waived his right to the mandatory delay period. Even though defendant did not object to this error at the time of sentencing or urge it on appeal, the error is considered by this Court since it is discoverable by mere inspection of the pleadings and proceedings and without inspection of the evidence. La.C.Cr.P. art. 920(2); State v. Young, 337 So.2d 1196 (La.1976). Defendant’s conviction is affirmed, but the sentence imposed is vacated and set aside, and the case is remanded to the district court with instructions to the trial judge to sentence defendant in accordance with law.