Opinion
NO. 2020 KW 0120
04-28-2020
STATE OF LOUISIANA v. CORY KINCHEN
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 08-16-0467 BEFORE: WHIPPLE, C.J., GUIDRY AND BURRIS, JJ.
Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court. --------
WRIT GRANTED. The district court's ruling granting the defendant credit for time served while out on bond is reversed. In accordance with La. Code Crim. P. art. 880(A), "[a] defendant shall receive credit toward service of his sentence for time spent in actual custody prior to the imposition of sentence." The granting of credit for time served prior to the imposition of sentence has been self-operating even on a silent record. See State v. Bradford, 2019-0321 (La. App. 1st Cir. 9/27/19) 2019 WL 4731646 (unpublished). Therefore, the district court abused its discretion by granting the defendant credit for time not spent in actual custody. Accordingly, this matter is remanded to the district court to amend the sentencing minutes and commitment order to reflect this court's ruling.
VGW
JMG
WJB
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT