State of Louisiana v. Shelwin Markise Jones

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 12-1436 STATE OF LOUISIANA VERSUS SHELWIN MARKISE JONES

************ APPEAL FROM THE NINTH JUDICIAL DISTRICT COURT PARISH OF RAPIDES, NO. 267,161 HONORABLE WILLIAM ROSS FOOTE, DISTRICT JUDGE ************ PHYLLIS M. KEATY JUDGE ************ Court composed of Elizabeth A. Pickett, Phyllis M. Keaty, and John E. Conery, Judges.

APPEAL DISMISSED.

James M. Buck Assistant District Attorney – 9th JDC P. O. Box 1472 Alexandria, LA 71309 (318) 473-6650 COUNSEL FOR APPELLEE: State of Louisiana Beth Fontenot Louisiana Appellate Project P. O. Box 3183 Lake Charles, LA 70602 (337) 491-3864 COUNSEL FOR APPELLANT: Shelwin Markise Jones Keaty, Judge.

The Defendant, Shelwin Markise Jones, was charged by bill of information with carjacking, a violation of La.R.S. 14:64.2, and armed robbery, a violation of La.R.S. 14:64. On March 3, 2003, the State amended the charge of carjacking to accessory after the fact and entered a nolle prosequi for the charge of armed robbery. In exchange, the Defendant entered a guilty plea to accessory after the fact. On that same date, the Defendant waived sentencing delays, and he was sentenced to five years at hard labor.

On November 15, 2012, the Defendant filed a motion seeking an appeal, which was granted by the trial court on November 16, 2012.

On December 28, 2012, this court issued an order for the Defendant to show cause why his appeal should not be dismissed as untimely perfected, citing La.Code Crim. P. art. 930.8 and State v. Theard, 04-1212 (La. 6/17/05), 904 So.2d 681. In response, the Defendant conceded that the appeal was untimely perfected and should be dismissed as untimely.

Accordingly, the Defendant’s appeal is dismissed.

APPEAL DISMISSED.