No. 59358 Precedential Dismissed Processed

State v. Baxter

Louisiana Supreme Court · Filed March 9, 1977 · 343 So. 2d 733

Cited by

State v. Epperley 119 So. 3d 942 La. Ct. App. 1st Cir. 2013
State v. Epperley 118 So. 3d 1268 La. Ct. App. 1st Cir. 2013
State v. Epperley 119 So. 3d 941 La. Ct. App. 1st Cir. 2013

Opinion text

PER CURIAM. This case involves an appeal by defendant Mitchell Baxter, prior to sentencing, from a denial of a motion for a new trial. The appellate jurisdiction of this Court, however, does not extend to such matters. Where, as in the instant case, a defendant has been convicted of a felony, he may appeal to the supreme court only from a final judgment, i. e. following the imposition of sentence. La.Const. art. 5, § 5(D) (1974); La.C.Cr.P. arts. 912, 912.1. Accordingly the appeal is dismissed as premature.