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532 So. 2d 908

Docket No. 88-KA-218.

State v. Sherman

STATE of Louisiana v. Chris D. SHERMAN.

Louisiana Court of Appeal

Decided October 12, 1988.

Louisiana Court of Appeal · decided 1988-10-12

Cited by 22 later decisions — most recently December 1995

22 state decisions

Key passage — most relied on by later courts

“credit toward service of her sentence for time spent in actual custody prior to the imposition of sentence”

quoted by 1 later decision, including 631 So. 2d 1171 - State v. Dillon

Relies on State v. Godejohn

Good law ✅— No negative treatment on recordhow we know

Decided 1988-10-12

View the full empirical analysis of this case →

¶1Dorothy A. Pendergast, Asst. Dist. Atty., Research & Appeals, Office of the Dist. Atty., Gretna, for plaintiff/appellee.

¶2Martha E. Sassone, Indigent Defender Bd., Gretna, for defendant/appellant.

¶3Before KLIEBERT, WICKER and GOTHARD, JJ.

¶4GOTHARD, Judge.

¶5Defendant, Chris D. Sherman, charged with three counts of armed robbery (LSA-R.S. 14:64), pleaded guilty to two counts after the State dismissed the other, and was sentenced to two consecutive 12½ year terms at hard labor without benefit of probation, parole, or suspension of sentence. He appeals this sentence, urging only that this court review the record for errors patent. LSA-C.C.P. art. 920; State v. Godejohn,425 So.2d 750 (La.1983). We have reviewed the record and find that the sentencing transcript and minutes, unlike the Commitment, fail to show that the trial judge gave defendant credit toward service of his sentence for time spent in actual custody prior to the imposition of sentence. Such an allowance is mandatory. LSA-C. Cr.P. art. 880.

¶6Accordingly, the conviction is affirmed. However, the sentence imposed is amended to confirm the Commitment and give defendant credit toward service of his sentence for time spent in actual custody prior to imposition of sentence in compliance with the mandatory terms of LSA-C.Cr.P. art. 880.

¶7*909 CONVICTION AFFIRMED, SENTENCE AMENDED AND AS AMENDED AFFIRMED.

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