Opinion
55,522-KH
08-29-2023
STATE OF LOUISIANA v. ELMER PLEASANT, JR.
Counsel for: Elmer Pleasant, Jr. Pro se Counsel for: Penny Wise Douciere State of Louisiana
RECEIVED: PM 08/22/23
On application of Elmer Pleasant, Jr. for SUPERVISORY WRIT in No. 2015-F-244, 2015-F-483 on the docket of the Fifth Judicial District, Parish of FRANKLIN, Judge John Clay Hamilton.
Counsel for: Elmer Pleasant, Jr. Pro se
Counsel for: Penny Wise Douciere State of Louisiana
Before COX, ROBINSON, and ELLENDER, JJ.
WRIT GRANTED, REMANDED FOR PERFECTION AS APPEAL.
The applicant, Elmer Pleasant, Jr., requests that this Court order the trial court to conduct a hearing on his Motion to Appeal Excessive Sentence, filed on May 15, 2023. The trial court signed an order attached to that motion granting the requested appeal on or before August 15, 2023. Despite the clear wording contained within that order, the Clerk of Court set the matter for hearing rather than moving forward with lodging the applicant's appeal with this Court.
The signed order from the trial court indicates that the applicant's requested appeal of his sentence was granted. Further, it is clear from Mr. Pleasant's application that he would like to avail himself of an appeal of his sentence. Accordingly, this matter is hereby remanded to the trial court for perfection as a criminal appeal.