Summary
In Davis, the court found the record did not reflect any factors justifying a three year and nine month delay between conviction and sentence. Davis, 542 So.2d at 857.
Summary of this case from State v. WilliamsOpinion
No. K89-107.
April 26, 1989.
APPEAL FROM 15TH JUDICIAL DISTRICT COURT, LAFAYETTE PARISH, STATE OF LOUISIANA, HONORABLE DOUGLAS NEHRBASS J.
G. Paul Marx, Lafayette, for applicant Richard Weimer, Asst. Dist. Atty., Lafayette, for respondents.
Before STOKER, KNOLL and KING, JJ.
Writ granted and made peremptory. The trial court erred in sentencing relator after the lapse of the 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.