Louisiana Code of Criminal Procedure 871 – Sentence defined; pronouncing and recording of sentence; certification of conviction
Terms Used In Louisiana Code of Criminal Procedure 871
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Verdict: The decision of a petit jury or a judge.
A. A sentence is the penalty imposed by the court on a defendant upon a plea of guilty, upon a verdict of guilty, or upon a judgment of guilt. Sentence shall be pronounced orally in open court and recorded in the minutes of the court.
B.(1)(a) In every judgment of guilty of a felony or of one of the misdemeanors enumerated in Subparagraph (2) of this Paragraph, the sheriff shall cause to be attached to the bill of information or indictment the fingerprints of the defendant against whom such judgment is rendered.
(b)(i) Beneath such fingerprints shall be appended a certificate to the following effect:
“I hereby certify that the above and foregoing fingerprints on this bill are the fingerprints of the defendant, and that they were placed thereon by said defendant this ______ day of ______, ______.”
(ii) The certificate shall be signed by the sheriff or other law enforcement officer who has custody of the defendant.
(2) In addition to judgments of guilty of a felony, the sheriff shall cause the fingerprints of the defendant to be so attached for every judgment of guilty of the following misdemeanors:
(a) First or second offense operating a vehicle while intoxicated in violation of La. Rev. Stat. 14:98.
(b) First offense possession of marijuana, tetrahydrocannabinol, or chemical derivatives thereof, pursuant to a sentence imposed under La. Rev. Stat. 40:966(D)(1).
(c) A first or second offense involving drug paraphernalia pursuant to a sentence imposed under La. Rev. Stat. 40:1035(A) and (B).
(d) First or second offense theft pursuant to a sentence imposed under La. Rev. Stat. 14:67(B)(3) and first or second offense theft of goods pursuant to a sentence imposed under La. Rev. Stat. 14:67.10(B)(3).
(e) First offense prostitution pursuant to a sentence imposed under La. Rev. Stat. 14:82(B)(1).
(f) First or second offense of domestic abuse battery in violation of La. Rev. Stat. 14:35.3.
(g) First offense of failure to pay a child support obligation in violation of La. Rev. Stat. 14:75.
(h) A conviction for violation of protective orders (La. Rev. Stat. 14:79).
C. The certificate required by Paragraph B of this Article shall be admissible in evidence in the courts of this state as prima facie evidence that the fingerprints appearing thereon are the fingerprints of the defendant against whom the judgment of guilty of a felony or one of the enumerated misdemeanors was rendered.
Amended by Acts 1978, No. 302, §1; Acts 1979, No. 297, §1; Acts 1997, No. 852, §1; Acts 2003, No. 311, §1; Acts 2010, No. 513, §1.