Opinion
No. 08 0762-KA.
April 1, 2009.
APPEALED FROM CALCASIEU PARISH CASE NO. 12259-06(ASCESION PARISH).
William Jarred Franklin, Louisiana Appellate Project, Bossier City, LA.
Donald Anthony Sauviac, Jr. Attorney At Law, New Orleans, LA.
Sidney Joseph Rosteet, Attorney at Law, Sulphur LA.
BEFORE JUDGES: Hon. SYLVIA R. COOKS, Hon. JOHN D. SAUNDERS, Hon. JIMMIE C. PETERS.
As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Terrell Stipe has this day been
DENIED : Defendant's application for rehearing is denied as this court may not consider an application for rehearing based on newly discovered evidence, nor can it remand the case, as the one year time period for filing a motion for new trial based on newly discovered evidence has lapsed. La. Code Crim.P art. 853, 851(3). Defendant may present his claim by application for post-conviction relief. La. Code Crim.P. art 930.3.
cc: Anthony Gerard Falterman, Counsel for the Appellee Shawn Rene Bush, Counsel for the Appellee Donald David Candell, Counsel for the Appellee