Opinion
NO. 2014 KW 1150
10-05-2014
STATE OF LOUISIANA v. KELLY COCKERHAM
In Re: Kelly Cockerham, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, Nos. 103430 & 111967.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED. On appeal, this Court vacated relator's habitual offender sentence, pretermitted consideration of the remaining four assignments of error, and remanded for further proceedings. Additionally, in the appeal, we noted that in the event of an unfavorable ruling on the motion, this Court reserved for relator his right to appeal again. See State v. Cockerham, 2012-0465 (La. App. 1st Cir. 11/14/12), 111 So.3d 384, 384-85. Our records do not indicate that relator filed an appeal after resentencing. Relator has a constitutional right to have the pretermitted issues in the original appeal considered. See State v. Simmons, 390 So.2d 504, 506 (La. 1980). Accordingly, this matter is remanded for the trial court to enter an order for an out-of-time appeal, to set a lodging date, and, if appropriate, to appoint counsel to represent relator on appeal. See State v. Counterman, 475 So.2d 336, 339 (La. 1985).
PMc
TMH
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT