State v. Weilbacher

STATE of Louisiana v. Kerry WEILBACHER.

Supreme Court of Louisiana

Decided September 30, 1988.

Supreme Court of Louisiana · decided 1988-09-30

Cited by 4 later decisions — most recently October 1990

4 state decisions

Key passage — most relied on by later courts

“"Granted. The judgment of the court of appeal, which dismissed relator's application for review because the record did not contain a signed judgment, is reversed. In a bench trial a judgment of guilty, pronounced by the judge on the record in open court and recorded in the minutes, is sufficient. The case is remanded to the court of appeal for consideration of and action on the merits of the application."”

quoted by 1 later decision, including 534 So. 2d 973 - State v. Weilbaecher

Good law ✅— No negative treatment on recordhow we know

Decided 1988-09-30

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¶1 *457 John M. Mamoulides, Dist. Atty., Dorothy A. Pendergast, Asst. Dist. Atty., Gretna, for applicant.

¶2Wayne Douglas Mancuso, Harahan, for respondent.

¶3PER CURIAM.

¶4Granted. The judgment of the court of appeal, which dismissed relator's application for review because the record did not contain a signed judgment, is reversed. In a bench trial a judgment of guilty, pronounced by the judge on the record in open court and recorded in the minutes, is sufficient. The case is remanded to the court of appeal for consideration of and action on the merits of the application.

¶5DENNIS, Justice, dissenting.

¶6The court of appeal judgment is correct: "A valid sentence must rest upon a valid and sufficient ... judgment...." La.C. Cr.P. art. 872; see id., comment (d).