STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0120 VERSUS

CORY KINCHEN APR 2 8 2020

In Re: State of Louisiana, 19th applying for supervisory writs, Judicial District Court, Parish of East Baton Rouge, No. 08- 16- 0467

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRiS, 1 JJ.

WRIT GRANTED. The district court' s the ruling granting 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 App. 1st Cir. 9/ 27/ 19) 2019 WL 4731646 ( unpublished).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 is custody. Accordingly, this matter 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

wit DEPUTY tLERK OF COURT FOR THE COURT

1 Judge William J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.