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State v. Lavergne

Court of Appeal of Louisiana, Third Circuit
Mar 5, 1998
708 So. 2d 820 (La. Ct. App. 1998)

Opinion

No. 98 00177.

March 5, 1998.

APPEAL FROM 16TH-70582, ST. MARTIN, NO. 90-116330; STATE OF LOUISIANA, HONORABLE GERARD B. WATTIGNY, JUDGE.

Bernard Boudreaux, St. Martin Dist. Atty., for Plaintiff Respondent.

Mary F. Lavergne, pro se.

Before THIBODEAUX, SAUNDERS and GREMILLION, JJ.


WRIT GRANTED AND MADE PEREMPTORY: The trial court granted the Defendant's motion for appeal, but denied the Defendant's motion for bail pending appeal of her conviction and sentence. Pursuant to La. Code Crim.P. art. 332(C), the Defendant is entitled to bail since her sentence does not exceed five years, and there will be no final judgment until the out-of-time appeal is resolved. See State ex rel. Campbell v. Whitley, 93-0677 (La. 10/27/95), 661 So.2d 1367. Accordingly, the ruling of the trial court is reversed and vacated and this matter is remanded to the trial court for compliance with the provisions of La. Code Crim. P. art. 332(C).


Summaries of

State v. Lavergne

Court of Appeal of Louisiana, Third Circuit
Mar 5, 1998
708 So. 2d 820 (La. Ct. App. 1998)
Case details for

State v. Lavergne

Case Details

Full title:STATE OF LOUISIANA v. MARY F. LAVERGNE. IN RE MARY F. LAVERGNE, DEFENDANT…

Court:Court of Appeal of Louisiana, Third Circuit

Date published: Mar 5, 1998

Citations

708 So. 2d 820 (La. Ct. App. 1998)

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