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State v. Quinney

543 So. 2d 1050, 1989 WL 52198
Louisiana Court of Appeal·Decided April 21, 1989·No. K89-426·Published·Cited by 5 cases

Opinion

543 So.2d 1050 (1989)

STATE of Louisiana
v.
James QUINNEY.

No. K89-426.

Court of Appeal of Louisiana, Third Circuit.

April 21, 1989.
Writ Denied May 30, 1989.

*1051 Charles A. Riddle, III, Marksville, for applicant.

J. Edward Knoll, Dist. Atty., Marksville, for respondent.

Before GUIDRY, STOKER and YELVERTON, JJ.

WRIT GRANTED AND MADE PEREMPTORY: The trial court erred in refusing to quash and dismiss the prosecution due to the unreasonable delay between entry of a plea of guilty and sentence, i.e., thirteen (13) years. The delay, in and of itself, was unreasonable and the record does not reflect any factors which would justify such a delay. See, State v. Milson, 458 So.2d 1037 (La.App. 3 Cir.1984). The ruling of the trial court is reversed and it is divested of jurisdiction to sentence relator for the offense. La.C.Cr.P. art. 874; State v. McQueen, 308 So.2d 752 (La.1975).

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State v. Quinney, 543 So. 2d 1050, 1989 WL 52198 (La. Ct. App. 1989).

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