State v. Williams

The unique feature of the majority opinion is that it holds Article 913(B) of the Louisiana Code of Criminal Procedure unconstitutional without specifically saying so.

Article 913(B) provides:

“An appeal by the defendant suspends the execution of sentence. If the defendant is not or cannot be admitted to bail, the trial court may, in conformity with Article 881, amend the sentence to grant credit for all or a part of the time served pending the appeal.” (Emphasis mine).

This article vests in the trial judge the discretion to grant credit on a sentence for *781all or part of the time served pending…