STATE v. PEMBERTON

No. 85-KP-1007.

478 So.2d 1217 (1985)

STATE of Louisiana v. Ray A. PEMBERTON.

Supreme Court of Louisiana.

December 2, 1985.


Attorney(s) appearing for the Case

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., John M. Mamoulides, Dist. Atty., George Mustakas, II, Dorothy Pendergast, Asst. Dist. Atty., for plaintiff-applicant.

Provino Mosca, New Orleans, for defendant-respondent.


LEMMON, Justice.

We granted certiorari to review the trial court's granting of post conviction relief by setting aside relator's conviction, which had previously been vacated and then reinstated. We now reverse the trial court and deny relator's post conviction application. We conclude that the trial judge acted without jurisdiction when he initially vacated the conviction in this case while the conviction was on appeal to decide the very issue which formed the basis...

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