STATE OF LOUISIANA Vs. RUDY FRANCIS

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STATE OF LOUISIANA * NO. 2018-KA-0482 VERSUS * COURT OF APPEAL RUDY FRANCIS * FOURTH CIRCUIT * STATE OF LOUISIANA * * ******* LEDET, J., DISSENTS IN PART WITH REASONS I dissent from the majority’s decision to affirm Mr. Francis’ sentence. As we previously observed, the district court’s failure to observe the twenty-four-hour delay required by La. C.Cr.P. art. 873 between denying Mr. Francis’ motion for new trial and imposing sentence is an error patent. State v. Francis, 11-1082, p. 11 (La. App. 4 Cir. 11/7/12) (unpub.), 2012 WL 6619022, *6. We previously found that error to be harmless because Mr. Francis did not complain of his sentence on appeal. Id. (citing State v. Collins, 584 So.2d 356, 359 (La. App. 4th Cir. 1991)). Because Mr. Francis now complains of his sentence on appeal, I would vacate Mr. Francis’ sentence and remand this case to the district court for resentencing. In all other respects, I join the majority’s opinion.