Summary
In State v. Quinney, 543 So.2d 1050 (La.App. 3rd Cir.), writ denied, 545 So.2d 1040 (La. 1989), this court held that a delay between entry of a plea of guilty and sentencing of thirteen years was unreasonable.
Summary of this case from State v. DorseyOpinion
No. K89-426.
April 21, 1989. Writ Denied May 30, 1989.
APPEAL FROM 12TH JUDICIAL DISTRICT COURT, PARISH OF AVOYELLES, STATE OF LOUISIANA, HONORABLE B.C. BENNETT, JR., J.
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).