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STATE v. DUNCAN

Nos. 2006-KA-1029, 2007-K-0317.

957 So.2d 858 (2007)

STATE of Louisiana v. John DUNCAN.

Court of Appeal of Louisiana, Fourth Circuit.

Rehearing Denied May 23, 2007.

Attorney(s) appearing for the Case

Eddie J. Jordan, Jr., District Attorney of Orleans Parish, Michael G. Morales, Assistant District Attorney of Orleans Parish, New Orleans, Louisiana, for Plaintiff/Appellant.

Sherry Watters, Louisiana Appellate Project, New Orleans, Louisiana, for Defendant/Appellee.

(Court composed of Judge JAMES F. McKAY III, Judge MAX N. TOBIAS JR., Judge ROLAND L. BELSOME).

JAMES F. McKAY III, Judge.

This matter by the order of this Court has been consolidated with State of Louisiana v. John Duncan, 2007-K0317. After a careful review of the record this Court finds that the trial court improvidently granted the defendant's motion for new trial as it had been divested jurisdiction when the defendant requested and was granted an appeal. La.C.Cr.Pro. art. 916. Furthermore, the State's Appeal is dismissed as the State failed to timely...

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