Opinion
No. 81-K-0260.
January 28, 1981.
In re Patricia J. Knowles, applying for writs of certiorari, review and mandamus, Parish of Ouachita, Nos. 39, 274, 39, 177.
Granted. Relator is ordered released. When the sentence was imposed and made consecutive on June 24, 1980, she was under no previous sentence, having been acquitted by the jury of the murder charge. She was ordered discharged by this Court from the conspiracy charge in a judgment which became final on January 26, 1981. Since she has not been under any other sentence since June 24, 1980, there was nothing to which the June 24 sentence could be consecutive, and the sentence has now been served.
I would grant this writ and order up the entire record in the case. On the showing made I am unable to determine that the trial judge did not properly delay the commencement of the sentence for contempt until the termination of the criminal prosecution proceedings.