State v. Quinney , 543 So. 2d 1050 ( 1989 )


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  • 543 So. 2d 1050 (1989)

    STATE of Louisiana
    v.
    James QUINNEY.

    No. K89-426.

    Court of Appeal of Louisiana, Third Circuit.

    April 21, 1989.
    Writ Denied May 30, 1989.

    *1051 Charles A. Riddle, III, Marksville, for applicant.

    J. Edward Knoll, Dist. Atty., Marksville, for respondent.

    Before GUIDRY, STOKER and YELVERTON, JJ.

    WRIT GRANTED AND MADE PEREMPTORY: The trial court erred in refusing to quash and dismiss the prosecution due to the unreasonable delay between entry of a plea of guilty and sentence, i.e., thirteen (13) years. 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).

Document Info

Docket Number: K89-426

Citation Numbers: 543 So. 2d 1050, 1989 WL 52198

Judges: Guidry, Stoker and Yelverton

Filed Date: 4/21/1989

Precedential Status: Precedential

Modified Date: 3/3/2016