State Of Louisiana v. Cory Kinchen ( 2020 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2020 KW 0120
VERSUS
CORY KINCHEN
APR 2 8 2020
In Re: State of Louisiana, 19th
applying for supervisory writs,
Judicial District Court, Parish of East Baton Rouge, No.
08- 16- 0467
BEFORE: WHIPPLE, C. J., GUIDRY AND BURRiS, 1 JJ.
WRIT GRANTED. The district court' s the
ruling granting
defendant credit for time served while out on bond is reversed.
In accordance with La. Code Crim. P. art. 880( A), "[ a] defendant
shall receive credit toward service of his sentence for time spent
in actual custody prior to the imposition of sentence." The
granting of credit for time served prior to the imposition of
sentence has been self- operating even on a silent record. See
State v. Bradford, 2019- 0321 ( La. App. 1st Cir. 9/ 27/ 19) 2019 WL
4731646 ( unpublished). Therefore, the district court abused its
discretion by granting the defendant credit for time not spent in
actual is
custody. Accordingly, this matter remanded to the
district court to amend the sentencing minutes and commitment order
to reflect this court' s ruling.
VGW
JMG
WJB
COURT OF APPEAL, FIRST CIRCUIT
wit
DEPUTY tLERK OF COURT
FOR THE COURT
1 Judge William J. Burris, retired,
serving pro tempore by special appointment
of the Louisiana Supreme Court.