State v. Davis

STATE of Louisiana v. Sadie A. DAVIS.

Louisiana Court of Appeal

Decided April 26, 1989.

Louisiana Court of Appeal · decided 1989-04-26

Relies on 308 So. 2d 752 - State v. McQueen · 458 So. 2d 1037 - State v. Milson

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-26

How this case has been cited

Cited by 13 later decisions — most recently January 2002

13 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 *857 G. Paul Marx, Lafayette, for applicant.

¶2Richard Weimer, Asst. Dist. Atty., Lafayette, for respondents.

¶3Before STOKER, KNOLL and KING, JJ.

¶4Writ 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.