87-OK-1086 Precedential Reinstated Processed

State v. Bunnell

Louisiana Supreme Court · Filed June 12, 1987 · 508 So. 2d 55

Cited by

State v. Luckey 212 So. 3d 1220 La. Ct. App. 1st Cir. 2017
State v. Guilbeau 869 So. 2d 201 La. Ct. App. 5th Cir. 2004
State v. Armant 839 So. 2d 271 La. Ct. App. 5th Cir. 2003
State v. Gilliam 807 So. 2d 1024 La. Ct. App. 5th Cir. 2002
State v. Perrilloux 802 So. 2d 772 La. Ct. App. 5th Cir. 2001
State v. Richardson 795 So. 2d 477 La. Ct. App. 5th Cir. 2001
State v. Simmons 781 So. 2d 821 La. Ct. App. 5th Cir. 2001
State v. Gilbert 758 So. 2d 779 La. 2000
State v. Weiland 556 So. 2d 175 La. Ct. App. 5th Cir. 1990
State v. Bunnell 517 So. 2d 439 La. Ct. App. 1st Cir. 1987

Opinion text

508 So.2d 55 (1987) STATE of Louisiana v. Dale BUNNELL. No. 87-OK-1086. Supreme Court of Louisiana. June 12, 1987. PER CURIAM. Granted. The judgment of the court of appeal dismissing relator's appeal is reversed, and the appeal is reinstated. Relator's statement on the record at the time of his guilty plea that his plea was conditioned upon his agreement with the district attorney to reserve the right to appeal the denial of the motion to suppress was sufficient to constitute an oral motion for appeal under C.Cr.P. art. 914. The trial judge, the prosecution and the defense understood at the time that the matter was being appealed, and there were no objections when the formal written motion was filed more than five days later. Appeals are favored in law, and appeals should not be dismissed on hypertechnical interpretations of a statute which can be reasonably interpreted to preserve the appeal, particularly in the absence of any claim of prejudice by the opposing party.