Opinion
13-831
2013-09-18
STATE OF LOUISIANA v. SHERMAN D. SHARP
J. Reed Walters District Attorney - 28th JDC COUNSEL FOR APPELLEE: State of Louisiana Kevin V. Boshea COUNSEL FOR APPELLANT: Sherman D. Sharp
NOT DESIGNATED FOR PUBLICATION
APPEAL FROM THE
TWENTY-EIGHTH JUDICIAL DISTRICT COURT
PARISH OF LASALLE, NO. 96665
HONORABLE J. CHRISTOPHER PETERS, DISTRICT JUDGE
ELIZABETH A. PICKETT
JUDGE
Court composed of Marc T. Amy, Elizabeth A. Pickett, and James T. Genovese, Judges.
APPEAL DISMISSED. J. Reed Walters
District Attorney - 28th JDC
COUNSEL FOR APPELLEE:
State of Louisiana
Kevin V. Boshea
COUNSEL FOR APPELLANT:
Sherman D. Sharp
Pickett, Judge.
Defendant, Sherman D. Sharp, pled guilty on January 31, 2013, to manufacture of methamphetamine, a violation of La.R.S. 40:967(A)(1). On March 4, 2013, Defendant filed a "Motion to Withdraw Guilty Plea" with the trial court. Subsequently, an evidentiary hearing was held on June 11, 2013, wherein the trial court denied Defendant's Motion to Withdraw Guilty Plea.
On June 12, 2013, the trial court granted Defendant's motion seeking an appeal of the June 11, 2013, trial court's ruling. As a result, Defendant filed an appeal with this court.
On July 26, 2013, this court issued an Order for Defendant to show cause, by brief only, on or before August 14, 2013, why the appeal should not be dismissed as premature, as sentence has not yet been imposed. No response was received by Defendant.
Pursuant to La.Code Crim.P. art. 912(C)(1), a defendant may appeal a judgment which imposes a sentence. The record in this case does not show that a sentence has been imposed. Accordingly, we hereby dismiss Defendant's appeal.