STATE v. BENOIT

No. KA 83 1235.

446 So.2d 921 (1984)

STATE of Louisiana v. Gary BENOIT.

Court of Appeal of Louisiana, First Circuit.

Writ Denied April 13, 1984.


Attorney(s) appearing for the Case

Stephen E. Caillouet, Asst. Dist. Atty., Thibodaux, for plaintiff-appellee.

F. Smith Knobloch, Thibodaux, William J. Guste, Atty. Gen., New Orleans, for defendant-appellant.

Before COVINGTON, COLE and SAVOIE, JJ.


SAVOIE, Judge.

This court, ex proprio motu, issued a show cause order as to why this appeal should not be dismissed due to lack of appellate jurisdiction.

On August 31, 1978, appellant, Gary Benoit, pled guilty to a charge of distribution of phencyclidine in violation of Louisiana R.S. 40:968. After waiver of the statutory delay, appellant was sentenced to ten years at hard labor. Thereafter, on April 11, 1983, appellant filed an "Application for Post-Conviction...

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