State v. Demouchet
State v. Demouchet
Opinion of the Court
On January 12, 1995, defendant, Brian Keith Demouchet was convicted of aggravated battery, a violation of La.R.S. 14:34. On March 13,1995, the defendant was sentenced to ten (10) years at hard labor to run consecutive to any other sentence he was serving.
La.Code Crim.P. art. 914 provides:
A motion for an appeal may be made orally in open court or by filing a written motion with the clerk. The motion shall be entered in the minutes of the court.
B. The motion for an appeal must be made no later than:
12(1) Five days after the rendition of the judgment or ruling from which the appeal is taken.
(2) Five days from the ruling on a motion to reconsider sentence filed pursuant to Article 881.1, should such a motion be filed.
When a defendant fails to make a motion for appeal within the time provided in Article 914, he loses his right to obtain an appeal by
Accordingly, defendant’s untimely appeal is dismissed.
APPEAL DISMISSED.
. Defendant’s ten (10) year sentence has since been vacated and a new sentence of fifteen (15) years imposed, after the trial court found defendant to be a habitual offender.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.