STATE v. GRAY

No. 04-KA-1272.

902 So.2d 1060 (2005)

STATE of Louisiana v. Wendell V. GRAY.

Court of Appeal of Louisiana, Fifth Circuit.

April 26, 2005.


Attorney(s) appearing for the Case

Paul D. Connick, Jr., District Attorney, Terry M. Boudreaux, Andrea F. Long, (Appellate Counsel) Paige Cline, (Trial Counsel), Assistant District Attorneys, for Plaintiff/Appellee, The State of Louisiana.

Prentice L. White, Baton Rouge, LA, for Defendant/Appellant, Wendell V. Gray.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA, and SUSAN M. CHEHARDY.


SUSAN M. CHEHARDY, Judge.

Wendell V. Gray appeals his conviction of possession with intent to distribute cocaine, a violation of La.R.S. 40:967(A). After the record was lodged in this Court, the State filed a motion to dismiss the appeal as untimely. We grant the motion, dismiss the appeal, and remand to allow the defendant to seek reinstatement of his right to appeal.

La.C.Cr.P. art. 914 provides:

A. A motion for an appeal may be made orally in open...

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