Opinion
No. 2010 KA 0696.
June 7, 2010.
In re: Willie Oneal Cousin, applying for Rehearing, 32nd Judicial District Court, Parish of Terrebonne, No. 504642.
BEFORE: PARRO, KUHN AND McDONALD, JJ.
REHEARING DENIED. Although the motion for appeal was filed on the date the motion to reconsider sentence was denied, the motion to reconsider sentence was not timely filed. Since defendant was sentenced on March 10, 2009, a motion to reconsider sentence should have been filed by April 13, 2009, as April 10, 2009, was a legal holiday. Defendant's motion was filed April 28, 2009, more than two weeks late. Since the motion to reconsider sentence was not filed within the time delays provided in La. Code Crim. P. art. 881.1, defendant is not entitled to the benefit of the extension of the appeal delays provided in La. Code Crim. P. art. 914(B) (1). As neither a motion to reconsider sentence nor a motion for appeal were filed within thirty days of the imposition of sentence, the conviction became final; and defendant cannot obtain an appeal simply by filing a motion but must follow the procedure set forth in State v. Counterman, 475 So.2d 336, 340 (La. 1985).