State Of Louisiana v. Peggy Valentine

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STATE OF LOUISIANA NO. 2024 KW 1062

VERSUS

PEGGY VALENTINE JANUARY 13, 2025

In Re: Peggy Valentine, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No. 45712.

WRIT GRANTED. A trial court is required to grant an out - of -
time appeal if the defendant establishes he was not advised of the
right to appeal or if the defense attorney was at fault in failing
to file or perfect a timely appeal. State v. Counterman, 475 So. 2d
336, 339 ( La. 1985) . Accordingly, the ruling denying the request
for an out -of -time appeal is vacated, the matter is remanded, and

the district court is ordered to hold an evidentiary hearing to
determine if relator is entitled to an out -of -time appeal under

Counterman, and appoint counsel for the hearing if relator is
indigent. See La. Code Crim. P. art. 930. 7; - see also State v.

Carter, 2019- 0788 ( La. 10/ 8/ 19), 280 So. 3d 142 ( per curiam).

COURT OF APPEAL, FIRST CIRCUIT

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