STATE OF LOUISIANA NO. 2024 KW 0440 VERSUS

PRESLIS R. EDEN JULY 15, 2024

In Re: Preslis R. Eden, for applying supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 05- 19- 0413.

BEFORE: WOLFE, HESTER, AND MILLER, Ji.

WRIT GRANTED. A trial court is required to grant an out - of -time appeal if the defendant establishes he was not advised of the right to appeal or if the defense attorney was at fault in failing to file or perfect a timely appeal. State v. Counterman, 475 So. 2d 336, 339 ( La. 1985). Accordingly, the ruling denying the request for an out -of -time appeal is vacated, the matter is remanded, and the court is ordered to hold an evidentiary hearing to determine if relator is entitled to an out -of -time appeal under Counterman, and appoint counsel for the hearing if relator is indigent. See La. Code Crim. P. art. 930. 7. State v. See e. g., Lagman, 2013- 2946 ( La. 11/ 7/ 14), 152 So. 3d 164.

EW CHH SMM

URT OF APPEAL, FIRST CIRCUIT

DUTY CLERK OF COURT FOR THE COURT