Supreme Court of Louisiana, 1977

State v. Baxter

State v. Baxter
Supreme Court of Louisiana · Decided March 9, 1977
343 So. 2d 733; 1977 La. LEXIS 6195 (Southern Reporter, Second Series)

State v. Baxter

Opinion of the Court

PER CURIAM.

This case involves an appeal by defendant Mitchell Baxter, prior to sentencing, from a denial of a motion for a new trial. The appellate jurisdiction of this Court, however, does not extend to such matters. Where, as in the instant case, a defendant has been convicted of a felony, he may appeal to the supreme court only from a final judgment, i. e. following the imposition of sentence. La.Const. art. 5, § 5(D) (1974); La.C.Cr.P. arts. 912, 912.1.

Accordingly the appeal is dismissed as premature.

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