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STATE v. HOLMES

No. 16,082-KH.

440 So.2d 1384 (1983)

STATE of Louisiana v. Columbus Lee HOLMES.

Court of Appeal of Louisiana, Second Circuit.

November 10, 1983.

Attorney(s) appearing for the Case

David G. Haynes, West Monroe, for defendant.

William J. Guste, Jr., Atty. Gen., Baton Rouge, Johnny Carl Parkerson, Dist. Atty., Nancy Gilliland, Asst. Dist. Atty., Monroe, for plaintiff.

Before HALL, JASPER E. JONES and NORRIS, JJ.

WRIT GRANTED AND MADE PEREMPTORY.

It is the ruling of this court that a motion for an appeal, whether timely or untimely, shall initially be filed in the district court in which the conviction is obtained. La.C. Cr.P. Art. 914; State v. Simmons, 390 So.2d 504. We decline to follow State v. Braxton, 428 So.2d 1153. The trial court is ordered to consider petitioner's filings as a motion...

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