State v. Quinney

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.

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).