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State v. DavisState v. Davis

Louisiana Court of Appeal
Apr 26, 1989
K89-107
Versions:542 So. 2d 856
1989 WL 41872

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.

Case Details

Case Name: State v. Davis
Court Name: Louisiana Court of Appeal
Date Published: Apr 26, 1989
Citations: 542 So. 2d 856; 1989 WL 41872; K89-107
Docket Number: K89-107
Court Abbreviation: La. Ct. App.
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