State v. Fugler

Supreme Court of Louisiana

State v. Fugler

45 So. 3d 1060, 2010 La. LEXIS 2068

CourtSupreme Court of Louisiana

DecidedSeptember 17, 2010

DocketNo. 2009-KP-1822

StatusPublished

This text of 45 So. 3d 1060 (State v. Fugler) 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. Fugler, 45 So. 3d 1060, 2010 La. LEXIS 2068 (La. 2010).

Pincite

Opinion

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 08-95-1446; to the Court of Appeal, First Circuit, No. 2009 KW 0470.

Granted. The district’s court ruling setting relator’s motion for reconsideration of sentence for a hearing is vacated and the court’s sentence of 50 years imprisonment at hard labor, imposed in 1996, is reinstated. Although filed timely, see La.C.Cr.P. art. 881.1, relator abandoned his motion for reconsideration of sentence when he failed to move for a hearing date for over 12 years. See, e.g., State v. Wagster, 361 So.2d 849, 856 (La.1978) (“[I]t is ordinarily incumbent upon the proponent of a motion to move for a hearing date on that motion. Otherwise it may be considered that the motion has been abandoned.”).

WEIMER, J., would deny.

Free access — add to your briefcase to read the full text and ask questions with AI

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. B, No. 08-95-1446; to the Court of Appeal, First Circuit, No. 2009 KW 0470.

Granted. The district’s court ruling setting relator’s motion for reconsideration of sentence for a hearing is vacated and the court’s sentence of 50 years imprisonment at hard labor, imposed in 1996, is reinstated. Although filed timely, see La.C.Cr.P. art. 881.1, relator abandoned his motion for reconsideration of sentence when he failed to move for a hearing date for over 12 years. See, e.g., State v. Wagster, 361 So.2d 849, 856 (La.1978) (“[I]t is ordinarily incumbent upon the proponent of a motion to move for a hearing date on that motion. Otherwise it may be considered that the motion has been abandoned.”).

WEIMER, J., would deny.

Cite This Page — Counsel Stack

Bluebook (online)

45 So. 3d 1060, 2010 La. LEXIS 2068, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-fugler-la-2010.

Opinion

Related

Cite This Page — Counsel Stack