State ex rel. Harris v. State

Supreme Court of Louisiana

State ex rel. Harris v. State

667 So. 2d 1042, 1996 La. LEXIS 494, 1996 WL 71151

Supreme Court of Louisiana·Decided February 16, 1996·No. No. 96-KH-0237·Published·Cited by 1 cases

Opinion

In re Harris, Nobie; — Plaintiff/s); applying for supervisory and/or remedial 'Writ; Parish of Ouachita, 4th Judicial District Court, Div. “A”, No. 40,368.

Writ granted in part. Where “there is a discrepancy between the minutes and the transcript, the transcript must prevail.” State v. Lynch, 441 So.2d 732, 734 (La.1983); see also State v. Godejohn, 425 So.2d 750, 751 n. (“boilerplate type minutes of court” lack reliability and must yield to transcript). The district court is therefore ordered to resen-tence relator in compliance with State v. Harris, 93-1098 (La. 1/5/96), 665 So.2d 1164. In all other respects, the application is denied.

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In re Harris, Nobie; — Plaintiff/s); applying for supervisory and/or remedial 'Writ; Parish of Ouachita, 4th Judicial District Court, Div. “A”, No. 40,368.

Writ granted in part. Where “there is a discrepancy between the minutes and the transcript, the transcript must prevail.” State v. Lynch, 441 So.2d 732, 734 (La.1983); see also State v. Godejohn, 425 So.2d 750, 751 n. (“boilerplate type minutes of court” lack reliability and must yield to transcript). The district court is therefore ordered to resen-tence relator in compliance with State v. Harris, 93-1098 (La. 1/5/96), 665 So.2d 1164. In all other respects, the application is denied.

State ex rel. Harris v. State, 667 So. 2d 1042, 1996 La. LEXIS 494, 1996 WL 71151 (La. 1996).

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Opinion

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