STATE v. SWANZY

No. 10-KA-483.

71 So.3d 392 (2011)

STATE of Louisiana v. Donald K. SWANZY.

Court of Appeal of Louisiana, Fifth Circuit.

June 14, 2011.


Attorney(s) appearing for the Case

Paul D. Connick, Jr. , District Attorney, Terry M. Boudreaux , Desirée M. Valenti , Assistant District Attorneys, Twenty-Fourth Judicial District Court, Parish of Jefferson , State of Louisiana, Gretna, LA, for Plaintiff/Appellee.

Cate Bartholomew , Attorney at Law, New Orleans, LA, for Defendant/Appellant.

Panel composed of Judges MARION F. EDWARDS, CLARENCE E. McMANUS, and FREDERICKA HOMBERG WICKER.


MARION F. EDWARDS, Chief Judge.

The defendant/appellant, Donald K. Swanzy ("Swanzy"), appeals his conviction and sentence on two counts of theft over $500 in violation of La. R.S. 14:67. For the reasons that follow, we find this appeal is not in the correct procedural posture for our consideration, and, therefore, we dismiss this appeal and remand this matter to the trial court for a ruling on the outstanding defense motion for post-verdict judgment of acquittal....

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