Supreme Court of Louisiana, 1984

State v. Reimonenq

State v. Reimonenq
Supreme Court of Louisiana · Decided January 6, 1984 · Calogero, Dixon
444 So. 2d 607; 1984 La. LEXIS 7956 (Southern Reporter, Second Series)

State v. Reimonenq

Opinion of the Court

In Re: ANTHONY M. REIMONENQ applying for a Writ of Certiorari, Prohibition and Mandamus to the Criminal District Court Parish of Orleans No. 260-737, from the 4th Circuit Court of Appeal No. K-1590.

Denied.

Dissenting Opinion

DIXON, C.J., and CALOGERO, J.,

would grant the writ. Article 880 requires that the defendant be given credit for time served in custody “prior to the imposition of sentence.” If defendant had been given such credit, his term of probation would have been served before the occurrence which triggered the revocation. The revocation should be set aside and defendant discharged.

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