No. CR95-1118 Precedential Dismissed Processed

State v. Mathews

Louisiana Court of Appeal, First Circuit · Filed April 24, 1996 · 677 So. 2d 466

Cited by

State in the Interest of J.R., III La. Ct. App. 3d Cir. 2017
State in the Interest of C. C. La. Ct. App. 3d Cir. 2013
State ex rel. C.C. 124 So. 3d 56 La. Ct. App. 1st Cir. 2013
State in the Interest of J.F., J.F. and A.F. La. Ct. App. 3d Cir. 2008
State ex rel. A.M. 983 So. 2d 176 La. Ct. App. 1st Cir. 2008
State Ex Rel. Am 983 So. 2d 176 La. Ct. App. 4th Cir. 2008
State ex rel. M.N.H. 807 So. 2d 1149 La. Ct. App. 1st Cir. 2002
State ex rel. K.G. 778 So. 2d 716 La. Ct. App. 2d Cir. 2001
State Ex Rel. Kg 778 So. 2d 716 La. Ct. App. 2d Cir. 2001
State ex rel. T.H. 741 So. 2d 88 La. Ct. App. 1st Cir. 1999
State, in Interest of Jcg 706 So. 2d 1081 La. Ct. App. 3d Cir. 1998
State in Interest of TJT 692 So. 2d 1385 La. Ct. App. 4th Cir. 1997

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Counterman 475 So. 2d 336

Opinion text

|iAMY, Judge. On December 13,1994, defendant, Freddie Mathews was convicted of distribution of a Schedule II controlled dangerous substance, to wit cocaine, in violation of La.R.S. 40:967. On February 3, 1995, defendant was sentenced to serve twenty (20) years at hard labor. Twenty-eight days later, on March 3, 1995, the defendant filed his motion for appeal. La.Code Crim.P. art. 914 provides: A. A motion for an appeal may be made orally in open court or by filing a written motion with the clerk. The motion shall be entered in the minutes of the court. B. The motion for an appeal must be made no later than: (1) Five days after the rendition of the judgment or ruling from which the appeal is taken. (2) Five days from the ruling on a motion to reconsider sentence filed pursuant to Article 881.1, should such a motion be filed. _jjWhen a defendant fails to make a motion for appeal within the time provided in Article 914, he loses his right to obtain an appeal by simply filing a motion for appeal in the trial court. Upon expiration of the five day period, the conviction and sentence are final unless a timely motion to reconsider sentence was filed. We find no such motion to reconsider was filed in the present case; thus, defendant’s only recourse is to seek reinstatement of his right to appeal in the trial court. State v. Counterman, 475 So.2d 336 (La.1985). Defendant’s appropriate procedural device after the five day period is an application for post-conviction relief. Id. at 339 . Accordingly, defendant’s untimely appeal is dismissed. APPEAL DISMISSED.