State of Louisiana v. Cedric Lynn Sias
This text of State of Louisiana v. Cedric Lynn Sias (State of Louisiana v. Cedric Lynn Sias) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
KA08-617
VERSUS
CEDRIC LYNN SIAS
**********
APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 265913 HONORABLE DONALD THADDEUS JOHNSON, JUDGE
BILLY H. EZELL JUDGE
Court composed of Oswald A. Decuir, Billy H. Ezell, and James T. Genovese, Judges.
APPEAL DISMISSED.
Hon. James C. Downs District Attorney, 9th JDC 701 Murray Street Alexandria, LA 71301 (318) 473-6650 COUNSEL FOR APPELLEE: State of Louisiana
Paula Corley Marx Louisiana Appellate Project P.O. Box 80006 Lafayette, LA 70598-0006 (337) 991-9757 COUNSEL FOR APPELLANT: Cedric Lynn Sias Ezell, Judge.
On December 10, 2002, a jury convicted the Defendant, Cedric Lynn Sias, of
aggravated battery, in violation of La.R.S. 14:34. On August 11, 2003, the district
court adjudicated the Defendant to be a habitual offender and sentenced him to serve
fifteen years at hard labor with credit given for time served. On appeal, this court
affirmed Defendant’s conviction. State v. Sias, 03-891 (La.App. 3 Cir. 12/10/03),
861 So.2d 829.
The Defendant filed a Motion for New Trial on March 25, 2008, which was
denied by the trial court on the same date. The Defendant filed a “Certificate of
Appealibility” on April 1, 2008, asserting that he wished to appeal the trial court’s
denial of his Motion for New Trial. The trial court subsequently granted the
Defendant’s request to file an appeal.
An appeal was lodged with this court on May 15, 2008. On May 22, 2008, this
court issued a rule to show cause why the appeal in this case should not be dismissed,
as the judgment at issue is not appealable. The Defendant failed to submit a response
to the rule to show cause. A judgment denying a Motion for New Trial is not
appealable. See State v. Jackson, 362 So.2d 766 (La.1978). Therefore, the appeal in
this case is hereby dismissed.
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