Louisiana Court of Appeal, 1983

State v. Leitch

Louisiana Court of Appeal · Decided August 8, 1983 · Barry, Byrnes, Garrison, III

436 So. 2d 1322; 1983 La. App. LEXIS 9066 (Southern Reporter, Second Series)

Opinion of the Court

ORDER TO DISMISS

On June 27,1983 the Trial Judge granted the State until July 8 to file this writ application. On July 13 the State orally moved and was granted an extension.

Although the trial court may grant an extension under Rule 4-3, it may not do so after the original time for applying has expired. See State v. Sutton, 374 So.2d 1218 (La. 1979); State v. Mandino, 352 So.2d 233 (La. 1977).

Further, we find relator’s application is without merit but we dismiss for the foregoing reason.

THEREFORE, this writ application is dismissed.

DENIS A. BARRY, J. WILLIAM H. BYRNES, III, J. GARRISON, J., dissents.

Dissenting Opinion

GARRISON, Judge,

dissenting:

In my regard, there was indeed probable cause to arrest Leitch. Relator's application was meritorious in that the extension of time, within which to file the application, did not exceed the judge’s discretion.

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