State v. Teague

Louisiana Court of Appeal

State v. Teague

515 So. 2d 506, 1987 La. App. LEXIS 10424

CourtLouisiana Court of Appeal

DecidedOctober 14, 1987

DocketNo. 87 KA 1224

StatusPublished

This text of 515 So. 2d 506 (State v. Teague) 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. Teague, 515 So. 2d 506, 1987 La. App. LEXIS 10424 (La. Ct. App. 1987).

Pincite

Opinion

SAVOIE, Judge.

This court ex proprio motu dismisses this appeal as untimely.

Defendant was charged with simple burglary, a violation of La.R.S. 14:62. He pled guilty and was later sentenced on May 8, 1987. No oral motion for appeal appears of record in either the minute entries or transcript of sentencing. A written motion for appeal was filed on June 11, 1987, and granted on June 23, 1987.

A motion for appeal “must be made no later than 5 days after the rendition of the judgment or ruling from which the appeal is taken.” La.C.Cr.P. art. 914. Defendant's motion for appeal is obviously late, the time for filing the motion for appeal having expired on May 13, 1987.

We note that Defendant may seek an out-of-time appeal via application for post-conviction relief. See State v. Counterman, 475 So.2d 336 (La.1985).

For the above and foregoing reasons, the appeal is dismissed.

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