STATE v. COUNTERMAN

No. 86-KA-0374.

491 So.2d 86 (1986)

STATE of Louisiana v. Marion COUNTERMAN.

Court of Appeal of Louisiana, First Circuit.

June 24, 1986.


Attorney(s) appearing for the Case

Bryan Bush, Dist. Atty., Baton Rouge by Premila Chumbley, Asst. Dist. Atty., for plaintiff-appellee.

M. Michele Fournet, Asst. Public Defender, Baton Rouge, for defendant-appellant.

Before EDWARDS, LANIER and JOHN S. COVINGTON, JJ.


EDWARDS, Judge.

Defendant was convicted and sentenced for aggravated rape and aggravated burglary. He did not appeal timely. Later, counsel filed a motion for an "out-of-time" appeal, alleging solely that defendant had only recently informed his office of his desire to appeal. It was granted ex parte, i.e. without a response by the state or hearing. This Court dismissed the appeal, noting that the district court is without jurisdiction to grant an out-of-time...

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