Cited by

Opinions in Louisiana that cite In re Naccari, 665 So. 2d 1164.

61 citing documents.

State of Louisiana v. Elizabeth Trahan A/K/A Elizebeth Trahan La. Ct. App. 3d Cir. 2020
See State v. Harris, 93-1098 (La.1/5/96)
State of Louisiana v. Demetricius Marcelle Young La. Ct. App. 3d Cir. 2017
3 Cir. 3/18/15), this court addressed the necessity of a defendant’s presence for a ministerial correction of a sentence, stating: In State v. Harris, 93-1098, 94-2243 (La.1/5/96), the supreme court noted that a ministerial correction to an illegally lenient sentence may be made in the defendant’s absence.
State of Louisiana v. Tavares Charles La. Ct. App. 3d Cir. 2016
See State v. Harris, 93- 1098 (La.1/5/96)
State of Louisiana v. Gerald Brent Debarge La. Ct. App. 3d Cir. 2015
In State v. Harris, 93-1098, 94-2243 (La.1/5/96), the supreme court noted that a ministerial correction to an illegally lenient sentence may be made in the defendant’s absence.
State v. Debarge 159 So. 3d 526 La. Ct. App. 1st Cir. 2015
In State v. Harris, 93-1098, 94-2243 (La.1/5/96), , the supreme court noted that a ministerial correction to an illegally lenient sentence may be made in the defendant’s absence.
State v. George 142 So. 3d 210 La. Ct. App. 1st Cir. 2014
State v. Harris, 93-1098 (La.1/5/96), .
State v. McCormick 87 So. 3d 857 La. 2012
State v. Harris, 93-1098, p. 1 (La.1/5/96), (“In the absence of an articulable basis for concluding that the district court imposed sentence under a misapprehension of what the law required or of its full range of sentencing discretion, we will presume that the failure of the court expressly to impose the special restrictions required by law {e.g., parole disab
State of Louisiana v. Joseph Michael Elie, III La. Ct. App. 3d Cir. 2011
1/5/96), the supreme court noted that a ministerial correction to an illegally lenient sentence may be made in the defendant‘s absence.
State v. Elie 74 So. 3d 1216 La. Ct. App. 1st Cir. 2011
In State v. Harris, 93-1098, 94-2243 (La.1/5/96), , the supreme court noted that a ministerial correction to an illegally lenient sentence may be made in the defendant’s absence.
State of Louisiana v. Russell Lippman La. Ct. App. 3d Cir. 2010
1/5/96), stated: The presumption of regularity in judicial proceedings, see La.Rev.Stat.
State v. Lippman 38 So. 3d 1265 La. Ct. App. 1st Cir. 2010
Regarding the correction of an illegally lenient sentence, the Louisiana Supreme Court in State v. Harris, 93-1098, pp. 1-2 (La.1/5/96), , stated: The presumption of regularity in judicial proceedings, see La.Rev.Stat.
State v. Collins 981 So. 2d 843 La. Ct. App. 2d Cir. 2008
He also cites State v. Harris, 93-1098 (La.1/5/96), , for the theory that Judge Winters's original sentence was a final judgment and no other judge in the district has the power to impose a different sentence.
State v. Desoto 968 So. 2d 146 La. Ct. App. 3d Cir. 2007
See State v. Harris, 93-1098 (La.1/5/96); .
State of Louisiana v. Jake C. Desoto La. Ct. App. 3d Cir. 2007
State v. Kujawa 929 So. 2d 99 La. Ct. App. 1st Cir. 2006
State v. Harris, 93-1098, p. 2 (La.1/5/96), .
State of Louisiana v. Gregory Johnson La. Ct. App. 3d Cir. 2005
See State v. Harris, 93-1098 (La.1/5/96)
State v. Johnson 893 So. 2d 945 La. Ct. App. 3d Cir. 2005
See State v. Harris, 93-1098 (La.1/5/96); .
State of Louisiana v. Warren Fuselier La. Ct. App. 3d Cir. 2004
1/5/96), State -3- v. Washington, overruled by State v. Harris, 93-1098 (La.
State v. Fuselier 885 So. 2d 678 La. Ct. App. 1st Cir. 2004
overruled by State v. Harris, 93-1098 (La.1/5/96), ; overruled by State v. Harris, 93-1098 (La.1/5/96), ; overruled by State v. Harris, 93-1098 (La.1/5/96), ; (La.App.
State of Louisiana v. Felton Cofield Bey La. Ct. App. 3d Cir. 2003
State v. Bey 857 So. 2d 1268 La. Ct. App. 3d Cir. 2003
See State v. Harris, 93-1098 (La.1/5/96); .
State v. Bagneris 830 So. 2d 1047 La. Ct. App. 4th Cir. 2002
State v. Harris, 93-1098 (La.1/5/96), [Citations omitted].
State v. Clemons 811 So. 2d 1047 La. Ct. App. 5th Cir. 2002
s, inform defendant that his sentence is to be served without benefit of parole, probation or suspension of sentence, or completely advise defendant of the prescriptive period for filing post-conviction relief, we remand this matter to the district court for imposition of an appropriate fine and order it to correct the sentence under the procedures set out in State v. Harris, 93-1098 (La.1/5/96), .
State v. Williams 800 So. 2d 790 La. 2001
However, in Stale v. Harris, 93-1098 (La.1/5/96), , we streamlined the process, eliminating the need for a hearing and the defendant's presence, and allowed the district court to make "ministerial" corrections to the record, with notice to the parties.
State v. Kanjanabout 783 So. 2d 648 La. Ct. App. 1st Cir. 2001
Accordingly, we directed the trial court to correct the minutes of court pursuant to State v. Harris, 93-1098 (La.1/5/96); .
State v. Hunter 768 So. 2d 687 La. Ct. App. 2d Cir. 2000
State v. Harris, 93-1098 (La.01/05/96), .
State ex rel. Jackson v. State 759 So. 2d 79 La. 2000
Because the remaining unenhanced armed robbery sentence remains illegally lenient as pronounced, the district court is ordered to correct the sentence under the procedures set out in State v. Harris, 93-1098 (La.1/5/96), .
State v. Rockhold 752 So. 2d 158 La. 2000
Without regard to the question of whether a successor judge must consider the intent of the original sentencing judge when correcting an illegally harsh penalty as well as an illegally lenient one, see State v. Harris, 93-1098 (La.1/5/96), , the successor judge in this case had the discretion to consider the intent of original sentencing judge and to resentence the defendant in a manner which effectuates as much of the original sentencing plan as the law allows.
State v. Varnado 753 So. 2d 850 La. Ct. App. 4th Cir. 1999
State v. Harris, 93-1098, 94-2243 (La.1/5/96), .
State v. Brown 737 So. 2d 882 La. Ct. App. 1st Cir. 1999
In State v. Harris, 93-1098, pp. 1-2 (La.1/5/96), (per cu-riam), applying the presumption of regularity in judicial proceedings, the supreme court provided for ministerial corrections of the record, especially in cases where a trial court omitted parole ineligibility.
State v. Rowell 729 So. 2d 71 La. Ct. App. 5th Cir. 1999
State v. Donaldson 726 So. 2d 1003 La. Ct. App. 4th Cir. 1999
(Both Desdunes and Husband have been overruled by State v. Harris, 93-1098 (La.1/5/96), , which, relying on the presumption of regularity in judicial proceedings, holds that an error or deficiency in the record may be corrected by a judge without bringing the inmate to court).
State ex rel. Haynes v. State 726 So. 2d 901 La. 1998
The case is remanded to the district court for correction of relator’s indeterminate and illegally lenient sentence, with resentencing in open court if necessary, in compliance with State v. Harris, 93-1098 (La.1/5/96), .
State v. Evans 715 So. 2d 604 La. Ct. App. 1st Cir. 1998
State v. Johnson 704 So. 2d 1172 La. 1998
imposed.” Accordingly, the resentencing court should have “presume[d] that the failure of the court expressly to impose the special restrictions required by law (e.g., parole disability) presented] the need only for ministerial correction of the record.” State v. *1173 Hams, 93-1098 (La.1/5/96), .
In re Naccari 705 So. 2d 734 La. 1997
In re Naccari, 95-2786 (La.1/4/96), .
State ex rel. Youngblood v. State 703 So. 2d 1294 La. 1997
State v. LeBlanc 702 So. 2d 377 La. Ct. App. 1st Cir. 1997
State v. Harris, 93-1098 (La.1/5/96)
State v. Joseph 693 So. 2d 782 La. 1997
State ex rel. Johnson v. Whitley 688 So. 2d 532 La. 1997
1/5/96), , within thirty days.
State v. Hampton 687 So. 2d 505 La. Ct. App. 1st Cir. 1996
In State v. Harris, 95-1098 (La.1/5/96); , the Louisiana Supreme Court stated: The presumption of regularity in judicial proceedings, see La.Rev.
State ex rel. Morgan v. Wall 684 So. 2d 409 La. 1996
State v. Wilson 684 So. 2d 495 La. Ct. App. 1st Cir. 1996
After the resentencing, the Louisiana Supreme Court handed down its opinion in State v. Harris, 93-1098, 94-2243 (La.1/5/96), , which overruled in part State v. Desdunes, supra.
State ex rel. Johnson v. State 682 So. 2d 742 La. 1996
State ex rel. Johnson v. State 682 So. 2d 742 La. 1996
State v. Trudell 684 So. 2d 32 La. Ct. App. 1st Cir. 1996
In State v. Harris, 93-1098 (La.1/5/96), , the court expressly overruled the requirement that the illegal sentence be vacated, and the defendant be brought into court for resentencing.
State v. Iles 684 So. 2d 38 La. Ct. App. 3d Cir. 1996
See State v. Harris, 93-1098 (La.1/5/96); .
State v. Taylor 683 So. 2d 800 La. Ct. App. 1st Cir. 1996
1/5/96), , when she resentenced him to serve the same 18-year sentence, but without parole eligibility.
State ex rel. Lynn v. Ward 679 So. 2d 390 La. 1996
State ex rel. Woods v. Cain 679 So. 2d 390 La. 1996