State v. Moore

Supreme Court of Louisiana

State v. Moore

256 So. 2d 96, 260 La. 299, 1971 La. LEXIS 3958

CourtSupreme Court of Louisiana

DecidedDecember 21, 1971

DocketNos. 51918, 51919

StatusPublished

Cited by5 cases

This text of 256 So. 2d 96 (State v. Moore) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Moore, 256 So. 2d 96, 260 La. 299, 1971 La. LEXIS 3958 (La. 1971).

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Opinion

PER CURIAM.

The defendant, Andrew Moore, was tried by jury and convicted of two (2) separate charges of simple burglary. LSA-R.S. 14:62. He was sentenced to five (5) years on each conviction; sentences to run consecutively.

As he was not informed of his right to appeal, through habeas corpus procedures the defendant was granted an out-of-time appeal. In the order granting the appeal the trial judge “recalled, set aside, annulled and vacated” the sentences imposed upon the defendant. The minutes do not show that the defendant was re-sentenced. Therefore, we note, ex proprio motu, that the defendant is not presently under sentence for his convictions. The defendant can only appeal from final judgments, such as one which imposes sentence after conviction. La.C.Cr.P. Art. 912.

For the reasons assigned, the appeals are dismissed, and these cases are remanded to the Tenth Judicial District Court for sentencing in conformity with law.

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PER CURIAM.

The defendant, Andrew Moore, was tried by jury and convicted of two (2) separate charges of simple burglary. LSA-R.S. 14:62. He was sentenced to five (5) years on each conviction; sentences to run consecutively.

As he was not informed of his right to appeal, through habeas corpus procedures the defendant was granted an out-of-time appeal. In the order granting the appeal the trial judge “recalled, set aside, annulled and vacated” the sentences imposed upon the defendant. The minutes do not show that the defendant was re-sentenced. Therefore, we note, ex proprio motu, that the defendant is not presently under sentence for his convictions. The defendant can only appeal from final judgments, such as one which imposes sentence after conviction. La.C.Cr.P. Art. 912.

For the reasons assigned, the appeals are dismissed, and these cases are remanded to the Tenth Judicial District Court for sentencing in conformity with law.

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Bluebook (online)

256 So. 2d 96, 260 La. 299, 1971 La. LEXIS 3958, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-moore-la-1971.

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