State v. Frank

h SULLIVAN, Judge.

Defendant was convicted of forcible rape on April 20, 1993. On appeal, in State v. Frank, 93-1402 (La.App. 3 Cir. 4/6/94), 635 So.2d 634, this court affirmed Defendant’s conviction but remanded the matter for resentencing. At the resentencing held on May 4, 1994, the trial court sentenced Defendant to forty years at hard labor, with twenty years of the sentence to be served without benefit of parole, probation, or suspension of sentence. No appeal was filed following resentencing. Defendant’s motion for an out-of-time appeal was granted on September 13, 2004.

Louisiana Code…