16,082-KH Precedential Processed

State v. Holmes

Louisiana Court of Appeal, Second Circuit · Filed November 10, 1983 · 440 So. 2d 1384

Cited by

Criticized in 1

State v. Shanes 493 So. 2d 825 La. Ct. App. 2d Cir. 1986
State v. Counterman 475 So. 2d 336 La. 1985
State v. McDonald 471 So. 2d 834 La. Ct. App. 2d Cir. 1985
State v. Holmes 460 So. 2d 1091 La. Ct. App. 2d Cir. 1984
State v. Davis 457 So. 2d 848 La. Ct. App. 1st Cir. 1984
State v. Hart 457 So. 2d 1250 La. Ct. App. 1st Cir. 1984

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Simmons 390 So. 2d 504
State v. Braxton 428 So. 2d 1153

Opinion text

440 So.2d 1384 (1983) STATE of Louisiana v. Columbus Lee HOLMES. No. 16,082-KH. Court of Appeal of Louisiana, Second Circuit. November 10, 1983. David G. Haynes, West Monroe, for defendant. William J. Guste, Jr., Atty. Gen., Baton Rouge, Johnny Carl Parkerson, Dist. Atty., Nancy Gilliland, Asst. Dist. Atty., Monroe, for plaintiff. Before HALL, JASPER E. JONES and NORRIS, JJ. WRIT GRANTED AND MADE PEREMPTORY. It is the ruling of this court that a motion for an appeal, whether timely or untimely, shall initially be filed in the district court in which the conviction is obtained. La.C. Cr.P. Art. 914; State v. Simmons, 390 So.2d 504 . We decline to follow State v. Braxton, 428 So.2d 1153 . The trial court is ordered to consider petitioner's filings as a motion for an out of time appeal. The trial court is further ordered to make a determination as required by State v. Simmons, supra, to determine if the applicant is entitled to an out of time appeal. If it is established that the defendant did not make a knowledgeable waiver of his right of appeal the district court is ordered to enter an order of appeal.