Louisiana Court of Appeal, 1987

State v. Pauley

Louisiana Court of Appeal · Decided June 23, 1987

510 So. 2d 448; 1987 La. App. LEXIS 9939 (Southern Reporter, Second Series)

Opinion of the Court

Parish of East Baton Rouge Dist. Ct. No. 10-85-985.

Bryan Bush, Dist. Atty. by Robert Piedr-ahita, Asst. Dist. Atty., Baton Rouge, for plaintiff/appellee. Office of the Public Defender by Bonnie Jackson, Asst. Public Defender, Baton Rouge, for defendant/appellant.

APPEALS DISMISSED: La.C.Cr.P. art. 914 requires a motion for appeal must be made within five days after the judgment or ruling at issue and that it be made either “orally in open court or by filing a written motion with the clerk.” Telephone calls to the office of the trial judge by a person identifying himself as defendant do not constitute valid motions for appeal. The written motions for appeal filed herein were untimely.

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