State of Louisiana v. Terrell Stipe

Opinion

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT P.O. Box 16577 Lake Charles LA 70616 (337) 433-9403

William Jarred Franklin Sidney Joseph Rosteet Louisiana Appellate Project Attorney at Law 3001 Old Minden Road P. O. Box 2719 Bossier City LA 71112 Sulphur LA 70664

Donald Anthony Sauviac, Jr. Attorney At Law 2925 Tulane Avenue New Orleans LA 70119

REHEARING ACTION: April 1, 2009

Docket Number: 08 00762-KA

STATE OF LOUISIANA VERSUS TERRELL STIPE

Appealed from Calcasieu Parish Case No. 12259-06(Ascesion Parish)

BEFORE JUDGES:

Hon. Sylvia R. Cooks Hon. John D. Saunders Hon. Jimmie C. Peters

As counsel of record in the captioned case, you are hereby notified that the application

for rehearing filed by Terrell Stipe has this day been

DENIED: Defendant's application for rehearing is denied as this court may not consider an application for rehearing based on newly discovered evidence, nor can it remand the case, as the one year time period for filing a motion for new trial based on newly discovered evidence has lapsed. La.Code Crim.P art. 853, 851(3). Defendant may present his claim by application for post-conviction relief. La.Code Crim.P. art 930.3.

cc: Anthony Gerard Falterman, Counsel for the Appellee Shawn Rene Bush, Counsel for the Appellee Donald David Candell, Counsel for the Appellee