Supreme Court of Louisiana, 1981

State v. Knowles

State v. Knowles
Supreme Court of Louisiana · Decided January 28, 1981 · Dennis
395 So. 2d 678; 1981 La. LEXIS 7318 (Southern Reporter, Second Series)

State v. Knowles

Opinion of the Court

In re Patricia J. Knowles, applying for writs of certiorari, review and mandamus, Parish of Ouachita, Nos. 39,274, 39,177 (392 So.2d 651).

Granted. Relator is ordered released. When the sentence was imposed and made consecutive on June 24,1980, she was under no previous sentence, having been acquitted by the jury of the murder charge. She was ordered discharged by this Court from the conspiracy charge in a judgment which became final on January 26, 1981. Since she has not been under any other sentence since June 24, 1980, there was nothing to which the June 24 sentence could be consecutive, and the sentence has now been served.

Concurring in Part

DENNIS, J.,

dissenting in part and concurring in part.

I would grant this writ and order up the entire record in the case. On the showing made I am unable to determine that the trial judge did not properly delay the commencement of the sentence for contempt until the termination of the criminal prosecution proceedings.

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