STATE v. BAILEY

No. 87-KA-875.

522 So.2d 719 (1988)

STATE of Louisiana v. Frederick J. BAILEY, Jr.

Court of Appeal of Louisiana, Fifth Circuit.

March 16, 1988.


Attorney(s) appearing for the Case

Martha E. Sassone, 24th Judicial Dist. Indigent Defender Bd., Gretna, for defendant/appellant.

Dorothy Pendergast, Asst. Dist. Atty., Research & Appeals, Gretna, for State.

Before KLIEBERT, BOWES and GRISBAUM, JJ.


BOWES, Judge.

Defendant, Frederick Bailey, appeals his conviction and sentence of six years at hard labor for violation of LSA R.S. 14:67— Theft. In screening the record, we noted that his appeal appeared to be untimely; therefore, we ordered the defendant to show cause why his appeal should not be dismissed for lack of jurisdiction. The defendant was unable to rebut the presumption of lack of jurisdiction arising from the untimeliness of his motion for appeal...

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