State ex rel. Hudgens v. State, 28th Judicial District Court, Parish of LaSalle

Supreme Court of Louisiana

State ex rel. Hudgens v. State, 28th Judicial District Court, Parish of LaSalle

368 So. 2d 135, 1979 La. LEXIS 5734

CourtSupreme Court of Louisiana

DecidedFebruary 23, 1979

DocketNo. 63889

StatusPublished

Cited by1 cases

This text of 368 So. 2d 135 (State ex rel. Hudgens v. State, 28th Judicial District Court, Parish of LaSalle) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State ex rel. Hudgens v. State, 28th Judicial District Court, Parish of LaSalle, 368 So. 2d 135, 1979 La. LEXIS 5734 (La. 1979).

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Opinion

In re Bennie J. Hudgens, applying for writ of mandamus. Parish of LaSalle.

Writ granted. Evidentiary hearing ordered. The sentencing court is ordered to conduct an evidentiary hearing at which it should determine the date the charge for each of the six offenses for which relator was sentenced on April 5,1973 was brought. As to the sentence for each of the six offenses, relator is entitled to and must be granted credit for time spent in custody prior to imposition of sentence which is attributable, in whole or in part, to the charge. See Code of Criminal Procedure, Article 880; see also State ex rel. Johnson v. Henderson, 303 So.2d 741 (La.1973).

SUMMERS, C. J., would deny the writ.

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In re Bennie J. Hudgens, applying for writ of mandamus. Parish of LaSalle.

Writ granted. Evidentiary hearing ordered. The sentencing court is ordered to conduct an evidentiary hearing at which it should determine the date the charge for each of the six offenses for which relator was sentenced on April 5,1973 was brought. As to the sentence for each of the six offenses, relator is entitled to and must be granted credit for time spent in custody prior to imposition of sentence which is attributable, in whole or in part, to the charge. See Code of Criminal Procedure, Article 880; see also State ex rel. Johnson v. Henderson, 303 So.2d 741 (La.1973).

SUMMERS, C. J., would deny the writ.

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368 So. 2d 135, 1979 La. LEXIS 5734, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-hudgens-v-state-28th-judicial-district-court-parish-of-la-1979.

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