Opinion
2024 KW 0440
07-15-2024
STATE OF LOUISIANA v. PRESLIS R. EDEN
In Re: Preslis R. Eden, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 05-19-0413.
BEFORE: WOLFE, HESTER, AND MILLER, JJ.
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 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 e.g., State v. Lagman, 2013-2946 (La. 11/7/14), 152 So.3d 164.
EW
CHH
SMM