State v. Carmen

Supreme Court of Louisiana

State v. Carmen

34 So. 3d 259, 2010 La. LEXIS 1063, 2010 WL 1816759

CourtSupreme Court of Louisiana

DecidedMay 7, 2010

Docket2009-K-1213

StatusPublished

Cited by1 cases

This text of 34 So. 3d 259 (State v. Carmen) 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.

Bluebook

State v. Carmen, 34 So. 3d 259, 2010 La. LEXIS 1063, 2010 WL 1816759 (La. 2010).

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Opinion

*260 PER CURIAM.

Granted. The decision of the court of appeal is reversed and the order signed by Judge Fields setting defendant’s conviction aside and expunging his record is vacated. Judge Fields lacked the authority to grant the motion for expungement because it appears that defendant had a pending charge of felony theft, both at the time his probation was terminated successfully and at the time of resentencing. See State v. Carmen, 08-0478 (La.App. 5 Cir. 1/27/09), 3 So.3d 587 (affirming defendant’s conviction and sentence for felony theft committed in 2004 following jury trial conducted on September 26 and 27, 2007). Thus, at the time of resentencing on September 20, 2007, defendant was not eligible under La. Code Crim. Proc. art. 894(B)(1) to have his conviction set aside.

JOHNSON, J., would grant and docket.

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*260 PER CURIAM.

Granted. The decision of the court of appeal is reversed and the order signed by Judge Fields setting defendant’s conviction aside and expunging his record is vacated. Judge Fields lacked the authority to grant the motion for expungement because it appears that defendant had a pending charge of felony theft, both at the time his probation was terminated successfully and at the time of resentencing. See State v. Carmen, 08-0478 (La.App. 5 Cir. 1/27/09), 3 So.3d 587 (affirming defendant’s conviction and sentence for felony theft committed in 2004 following jury trial conducted on September 26 and 27, 2007). Thus, at the time of resentencing on September 20, 2007, defendant was not eligible under La. Code Crim. Proc. art. 894(B)(1) to have his conviction set aside.

JOHNSON, J., would grant and docket.

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Bluebook (online)

34 So. 3d 259, 2010 La. LEXIS 1063, 2010 WL 1816759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carmen-la-2010.

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