State v. Mikell
State v. Mikell
Opinion of the Court
On December 28, 1977, the state filed a bill of information against defendant charg
The state does not dispute that reconciliation constitutes a defense, but it argues that defendant has waived the defense by failing to ask timely for termination of payments. Furthermore, the state contends that the court’s rendition of the present judgment was the equivalent of granting post conviction relief to the defendant in violation of C.Cr.P. art. 930.3.
When no appeal was taken by defendant from the judgment of December 8, 1988, fixing the arrearage at $14,453.80, this judgment became final. When the reconciliation came to the attention of the court in 1991, there was no proceeding pending and none has ever been filed to attack the 1988 judgment from which no appeal had ever been taken. Consequently, the trial court had no authority to take away from the state its rights under the 1988 judgment.
Accordingly, the judgment appealed from is reversed to the extent that it modifies the judgment of December 8, 1988, fixing the arrearage at $14,453.80; the judgment is affirmed to the extent that it closes the case after December 8, 1988.
REVERSED IN PART; AFFIRMED IN PART.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.