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STATE OF LOUISIANA NO. 2024 KW 1062

VERSUS

PEGGY VALENTINE JANUARY 13, 2025

In Re: Peggy Valentine, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 45712.

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 district 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; - see also State v. Carter, 2019- 0788 ( La. 10/ 8/ 19), 280 So. 3d 142 ( per curiam).

COURT OF APPEAL, FIRST CIRCUIT

OEPUTY FOR C CLERK THE OF COURT COURT