Opinion
NO. 2013 KW 1443
2013-10-08
STATE OF LOUISIANA v. DARNELL JONES
In Re: Darnell Jones, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 20794.
BEFORE: WHIPPLE, C.J., WELCH AND CRAIN, JJ.
WRIT GRANTED. When a decision of an appellate court becomes final, the clerk of court shall transmit a certified copy of the decree to the court from which the appeal was taken. When the judgment is received by the lower court, it shall be filed and executed. La. Code Crim. P. art. 923. See State v. Brown, 451 So.2d 1074, 1078 (La. 1984). This Court has been informed by prison authorities that relator continues to serve the two sentences that were vacated by this Court in State v. Jones, 2009-2261 (La. App. 1st Cir. 5/7/10) (unpublished). Accordingly, the district court is instructed to execute new commitment forms, which properly reflect the status of the sentences imposed by the lower court and to have those forms transferred to the Department of Public Safety and Corrections. This writ is denied in all other respects.
WJC
VGW
JEW
COURT OF APPEAL, FIRST CIRCUIT ____________________________
DEPUTY CLERK OF COURT
FOR THE COURT