APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH
OF JEFFERSON, STATE OF LOUISIANA NO. 11-2249, DIVISION
"K" HONORABLE ELLEN SHIRER KOVACH, JUDGE PRESIDING
COUNSEL FOR PLAINTIFF/APPELLEE, STATE OF LOUISIANA Paul D.
Connick, Jr. Terry M. Boudreaux Andrea F. Long
COUNSEL FOR DEFENDANT/APPELLANT, ROY A. GARLAND Gwendolyn K.
composed of Judges Susan M. Chehardy, Stephen J. Windhorst,
and John J. Molaison, Jr.
J. MOLAISON, JR. JUDGE.
Roy Garland, has appealed his conviction and judgment on one
count of manslaughter and one count of possession of a
firearm by a convicted felon following a guilty plea to both
charges on June 23, 2014. We dismiss defendant's appeal
upon finding that the motion for appeal was untimely filed.
Code of Criminal Procedure Article 914, provides:
A. A motion for an appeal may be made orally in open court or
by filing a written motion with the clerk. The motion shall
be entered in the minutes of the court.
B. The motion for an appeal must be made no later than:
(1) Thirty days after the rendition of the judgment or ruling
from which the appeal is taken.
(2) Thirty days from the ruling on a motion to reconsider
sentence filed pursuant to Article 881.1, should such a
motion be filed.
defendant fails to make a motion for appeal within the time
provided in Article 914, he loses his right to obtain an
appeal. State v. Martin, 12-74 (La.App. 5 Cir.
9/25/12), 101 So.3d 1004, 1005 (citing State v.
Gray, 04-1272 (La.App. 5 Cir. 4/26/05), 902 So.2d 1060,
1061). Upon expiration of the thirty-day period, the
conviction and sentence are final. State v. Frank,
05-0232 (La.App. 3 Cir. 3/09/05), 898 So.2d 614, 615. Here,
defendant failed to file a motion for appeal by July 23,
2014-thirty days from the date of his convictions and
sentences. Thus, defendant's only recourse was to seek
reinstatement of his right to appeal in the trial court.
State v. Counterman, 475 So.2d 336 (La. 1985). The
appropriate procedural vehicle for a defendant to seek the
exercise of his right to appeal, after the delay provided in
La. C.Cr.P. art. 914 has expired, is a timely-filed
application for post-conviction relief. Gray, 902
So.2d at 1061 (citation omitted).
La. C.Cr.P. art. 930.8 provides that an application for
post-conviction relief, including a request for out-of-time
appeal, must be filed within two years from the date a
defendant's conviction and sentence become final, which
in this case would have been on or before July 23, 2016.
Here, defendant failed to file such an APCR, thus, his
convictions and sentences became final on July 23, 2016.
See State v. Lewis, 17-663 (La.App. 5 Cir. 4/11/18),
244 So.3d 845, 847 (citing State v. Williams, 16-32
(La.App. 5 Cir. 8/24/16), 199 So.3d 1205, 1209). Thus, this
Court lacks jurisdiction to review any alleged errors now
raised on appeal regarding defendant's underlying
convictions and sentences imposed on June 23, 2014. See
regarding defendant's alleged "re-sentencing"