STATE v. THOMAS

Nos. KA05-619, KA05-620.

909 So.2d 1023 (2005)

STATE of Louisiana v. Joseph THOMAS.

Court of Appeal of Louisiana, Third Circuit.

August 17, 2005.


Attorney(s) appearing for the Case

Edward Kelly Bauman, Louisiana Appellate Project, Lake Charles, LA, for Defendant/Appellant-John Thomas.

Earl B. Taylor, District Attorney-Twenty-Seventh Judicial District Court, Alisa Ardoin Gothreaux, Assistant District Attorney, Opelousas, LA, for Plaintiff/Appellee-State of Louisiana.

Court composed of JOHN D. SAUNDERS, MICHAEL G. SULLIVAN, and JAMES T. GENOVESE, Judges.


JOHN D. SAUNDERS, Judge.

On June 17, 2005, this court issued a rule to show cause why these appeals should not be dismissed as untimely. In response to the rule to show cause, Appellate Counsel argues the failure of trial counsel to timely file a motion for appeal should not be imputed to Defendant. In the alternative, Defendant argues that these appeals should be treated as a motion for post-conviction relief seeking an out of time appeal. For the reasons that follow...

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