Summary
In State v. London, 316 So.2d 743 (La. 1975), the supreme court upheld its long-standing position that a defendant cannot appeal from a final judgment of conviction if sentence has not been imposed.
Summary of this case from State v. ReedOpinion
No. 56474.
July 25, 1975.
APPEAL FROM 9TH JUDICIAL DISTRICT COURT, PARISH OF RAPIDES, STATE OF LOUISIANA, HONORABLE JIMMY M. STOKER, J.
C. O. Brown, Alexandria, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Edwin O. Ware, Dist. Atty., Paul Gianfala, Asst. Dist. Atty., for plaintiff-appellee.
The State seeks dismissal of this appeal, alleging that there has been no sentence imposed in the case. The Clerk of Court has verified that allegation in our record.
It is firmly established that a defendant can appeal from a final judgment of conviction only when sentence has been imposed. La.C.Cr.P. arts. 912 and 912.1; State v. Moore, 260 La. 299, 256 So.2d 96 (1971).
For the reasons assigned, the appeal is dismissed.