State v. Coats
State v. Coats, 255 So. 2d 75 (La. 1971).
Cited by
- State v. Williams 77 So. 3d 394 La. Ct. App. 1st Cir. 2011
- State v. Fontenot 535 So. 2d 433 La. Ct. App. 3d Cir. 1988
- State v. Spurgeon 437 So. 2d 981 La. Ct. App. 1st Cir. 1983
- State v. Jones 404 So. 2d 1192 La. 1981
- State v. Crosby 338 So. 2d 584 La. 1976
- State v. Bell 332 So. 2d 222 La. 1976
- State v. Spain 329 So. 2d 178 La. 1976
- State v. Riley 284 So. 2d 557 La. 1973
- Hoyt v. State 273 So. 2d 528 La. 1973
- State v. Allen 267 So. 2d 544 La. 1972
- State v. Miles 260 So. 2d 661 La. 1972
- State v. Judson 258 So. 2d 864 La. 1972
Authorities cited
Identified automatically; this list may not be exhaustive.
- 7 So. 125 not in our corpus
- State v. Bergeron 152 La. 38
- State v. Valentine 259 La. 1019
Opinion text
PER CURIAM. The defendant, Dornell Coats, pleaded guilty to two counts of simple burglary (R.S. 14:62) and was sentenced to five years on each count, the sentences to run concurrently. He appeals those convictions and sentences. The Louisiana Supreme Court has appellate jurisdiction in criminal cases “in which the penalty of death or imprisonment at hard labor may be imposed.” (Emphasis added). La.Const. of 1921, Art. 7, Sec. 10(5). Code of Criminal Procedure Article 912 provides in part. “A. Only a final judgment or ruling is appealable. "B. * * * “C. The judgments or rulings from which the defendant may appeal include, but are not limited to: “(1) A judgment which imposes sentence ;” Our cases consistently hold that a defendant can appeal from a conviction and sentence. Code of Criminal Procedure Article 934(3) provides: “ ‘Convicted’ means adjudicated guilty after a plea or after trial on the merits.” Code of Criminal Procedure Article 871 states in part: “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 guilty.” A defendant is convicted by his plea of guilty, and he is sentenced when the penalty is imposed. Therefore he may appeal his conviction and sentence flowing from a plea of guilty. State v. Watson, 41 La.Ann. 598 , 7 So. 125 (1889); State v. Bergeron, 152 La. 38 , 92 So. 726 (1922). However, a plea of guilty waives all defects prior to that plea except those jurisdictional defects which appear on the face of the pleadings and proceedings. State v. Valentine, decided November 8, 1971, 259 La. 1019 , 254 So.2d 450 . See also State v. Bergeron and State v. Watson, supra. We find no jurisdictional error prior to the guilty plea. *67 No bills of exception were reserved or perfected. We are therefore limited on appeal to a review of the pleadings and proceedings for discoverable error. La.C. Cr.P. Art. 920. Examination of the pleadings and proceedings shows no error. The convictions and sentences are affirmed.