No. 91-KA-409 Precedential Dismissed Processed

State v. Edwards

Louisiana Court of Appeal, First Circuit · Filed November 13, 1991 · 590 So. 2d 795

Cited by

Dln Holdings, L.L.C. v. Keith Guglielmo, Land Records Supervisor for Parish of Orleans La. Ct. App. 4th Cir. 2022
HOFFMAN, SIEGEL, SEYDEL, BIENVENU v. Lee 936 So. 2d 853 La. Ct. App. 4th Cir. 2006
Staten v. McNeal 930 So. 2d 360 La. Ct. App. 1st Cir. 2006
State v. Orgeron 708 So. 2d 1242 La. Ct. App. 5th Cir. 1998
State v. Razza 671 So. 2d 30 La. Ct. App. 1st Cir. 1996
State v. Ockmand 665 So. 2d 588 La. Ct. App. 5th Cir. 1995
Sinha v. Dabezies 592 So. 2d 1315 La. 1992

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Counterman 475 So. 2d 336
State v. Rankins 552 So. 2d 1328

Opinion text

GOTHARD, Judge. Defendant, Jerry Edwards, was charged by bill of information with manslaughter in violation of LSA-R.S. 14:31. On January 9, 1991 Edwards entered a plea of guilty as charged. He was sentenced, on April 3, 1991, to a term of ten years. Although an objection to the sentence was entered on defendant’s behalf, no oral motion for appeal was filed. A written motion for appeal was filed on April 12, 1991. Defendant asserts his sentence is excessive. We dismiss the appeal ex proprio motu. LSA-C.Cr.P. art. 914- provides: A motion for an appeal may be made orally in open court or by filing a written motion with the clerk. The motion must be made no later than five days after the rendition of the judgment or ruling from which the appeal is taken. The motion shall be entered in the minutes of the court. Because the motion for appeal was untimely made, the sentence is no longer subject to review under the ordinary appellate process unless defendant first obtains a reinstatement of his right to appeal by application for post conviction relief to the district court. State v. Counterman, 475 So.2d 336 (La.1985); State v. Rankins, 552 So.2d 1328 (La.App. 5th Cir.1989). For this reason the appeal is dismissed. DISMISSED.