State v. McQun

Supreme Court of Louisiana

State v. McQun

828 So. 2d 598, 2002 La.App. 4 Cir. 0259, 2002 La. App. LEXIS 2104, 2002 WL 1365630

CourtSupreme Court of Louisiana

DecidedJune 19, 2002

DocketNo. 2002-KA-0259

StatusPublished

Cited by3 cases

This text of 828 So. 2d 598 (State v. McQun) 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. McQun, 828 So. 2d 598, 2002 La.App. 4 Cir. 0259, 2002 La. App. LEXIS 2104, 2002 WL 1365630 (La. 2002).

Pincite

Opinion

PER CURIAM.

|-i Hansel H. McQun appeals his conviction and sentence for possession of cocaine. After his jury trial conviction, McQun filed a Motion for Reconsideration of Sentence, and the district court continued the matter as to said motion. This appeal follows the imposition of sentence.

This Court has previously held that it is procedurally incorrect to review a defendant’s sentence prior to the trial court’s ruling on the motion. State v. Allen, 99-2579, p. 12 (La.App. 4 Cir. 1/24/01), 781 So.2d 88, 95, writ denied, 2001-1187 (La.3/15/02), 811 So.2d 897; State v. Boyd, 00-0274 (La.App. 4 Cir. 7/19/00), 775 So.2d 463. Although here McQun did not object to the deferred ruling by the district court, he does seek review of his sentence on appeal. As this Court noted in State v. Temple, 2000-2183 (La.App. 4 Cir. 5/16/01), 789 So.2d 639, without a final sentence the conviction is not appealable. Accordingly, the case must be remanded for a ruling on the Motion for Reconsideration of Sentence.

DECREE

For the foregoing reasons, Hansel H. McQun’s case is remanded to the district court for a ruling on the Motion for Reconsideration of Sentence, reserving | gMcQun’s right to appeal his conviction and sentence once the district court has ruled on the motion.

REMANDED.

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PER CURIAM.

|-i Hansel H. McQun appeals his conviction and sentence for possession of cocaine. After his jury trial conviction, McQun filed a Motion for Reconsideration of Sentence, and the district court continued the matter as to said motion. This appeal follows the imposition of sentence.

This Court has previously held that it is procedurally incorrect to review a defendant’s sentence prior to the trial court’s ruling on the motion. State v. Allen, 99-2579, p. 12 (La.App. 4 Cir. 1/24/01), 781 So.2d 88, 95, writ denied, 2001-1187 (La.3/15/02), 811 So.2d 897; State v. Boyd, 00-0274 (La.App. 4 Cir. 7/19/00), 775 So.2d 463. Although here McQun did not object to the deferred ruling by the district court, he does seek review of his sentence on appeal. As this Court noted in State v. Temple, 2000-2183 (La.App. 4 Cir. 5/16/01), 789 So.2d 639, without a final sentence the conviction is not appealable. Accordingly, the case must be remanded for a ruling on the Motion for Reconsideration of Sentence.

DECREE

For the foregoing reasons, Hansel H. McQun’s case is remanded to the district court for a ruling on the Motion for Reconsideration of Sentence, reserving | gMcQun’s right to appeal his conviction and sentence once the district court has ruled on the motion.

REMANDED.

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Bluebook (online)

828 So. 2d 598, 2002 La.App. 4 Cir. 0259, 2002 La. App. LEXIS 2104, 2002 WL 1365630, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcqun-la-2002.

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