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STATE v. LAVERGNE

No. 98 00177.

708 So.2d 820 (1998)

STATE of Louisiana v. Mary F. LAVERGNE. In re Mary F. LAVERGNE, Defendant Applicant.

Court of Appeal of Louisiana, Third Circuit.

March 5, 1998.

Attorney(s) appearing for the Case

Bernard Boudreaux, St. Martin Dist. Atty., for Plaintiff Respondent.

Mary F. Lavergne, pro se.

Before THIBODEAUX, SAUNDERS and GREMILLION, JJ.

WRIT GRANTED AND MADE PEREMPTORY: The trial court granted the Defendant's motion for appeal, but denied the Defendant's motion for bail pending appeal of her conviction and sentence. Pursuant to La.Code Crim.P. art. 332(C), the Defendant is entitled to bail since her sentence does not exceed five years, and there will be no final judgment until the out-of-time appeal is resolved. See State ex rel. Campbell v. Whitley, 93-0677 (La.10/27/95),

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