State v. Baxter

Supreme Court of Louisiana

State v. Baxter

343 So. 2d 733, 1977 La. LEXIS 6195

Supreme Court of Louisiana·Decided March 9, 1977·No. No. 59358·Published·Cited by 3 cases

Opinion

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.

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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.

State v. Baxter, 343 So. 2d 733, 1977 La. LEXIS 6195 (La. 1977).

Pincite

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Opinion

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