State v. Lavergne

Louisiana Court of Appeal

State v. Lavergne

708 So. 2d 820, 1998 La. App. LEXIS 280, 1998 WL 94649

CourtLouisiana Court of Appeal

DecidedMarch 5, 1998

DocketNo. 98 00177

StatusPublished

Cited by2 cases

This text of 708 So. 2d 820 (State v. Lavergne) 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.

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State v. Lavergne, 708 So. 2d 820, 1998 La. App. LEXIS 280, 1998 WL 94649 (La. Ct. App. 1998).

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Opinion

WRIT GRANTED AND MADE PEREMPTORY : The trial court granted the Defendant’s motion for appeal, but denied the Defendant’s motion for bail pending appeal of her conviction and sentence. Pursuant to La.Code Crim.P. art. 332(C), the Defendant is entitled to bail since her sentence does not exceed five years, and there will be no final judgment until the out-of-time appeal is resolved. See State ex rel. Campbell v. Whitley, 93-0677 (La.10/27/95), 661 So.2d 1367. Accordingly, the ruling of the trial court is reversed and vacated and this matter is remanded to the trial court for compliance with the provisions of La.Code Crim.P. art. 332(C).

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WRIT GRANTED AND MADE PEREMPTORY : The trial court granted the Defendant’s motion for appeal, but denied the Defendant’s motion for bail pending appeal of her conviction and sentence. Pursuant to La.Code Crim.P. art. 332(C), the Defendant is entitled to bail since her sentence does not exceed five years, and there will be no final judgment until the out-of-time appeal is resolved. See State ex rel. Campbell v. Whitley, 93-0677 (La.10/27/95), 661 So.2d 1367. Accordingly, the ruling of the trial court is reversed and vacated and this matter is remanded to the trial court for compliance with the provisions of La.Code Crim.P. art. 332(C).

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Bluebook (online)

708 So. 2d 820, 1998 La. App. LEXIS 280, 1998 WL 94649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lavergne-lactapp-1998.

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