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STATE v. THEARD

No. 2004-K-1212.

904 So.2d 681 (2005)

STATE of Louisiana v. Edgar THEARD, III.

Supreme Court of Louisiana.

June 17, 2005.

Granted. The courts below erred by considering the merits of the defendant's Crosby reservation, see State v. Crosby, 338 So.2d 584 (La.1976), in an out-of-time appeal granted years after finality of the defendant's conviction and sentence. See La.C.Cr.P. art. 930.8(A) ("No application for post-conviction relief including applications which seek an out-of-time appeal, shall be considered if it is filed more than two years...

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