State v. Counterman

EDWARDS, Judge.

Defendant was convicted and sentenced for aggravated rape and aggravated burglary. He did not appeal timely. Later, counsel filed a motion for an “out-of-time” appeal, alleging solely that defendant had only recently informed his office of his desire to appeal. It was granted ex parte, i.e. without a response by the state or hearing. This Court dismissed the appeal, noting that the district court is without jurisdiction to grant an out-of-time appeal ex parte. State v. Counterman, 461 So.2d 664 (La.App. 1st Cir.1984).

Defendant then applied to this Court for an out-of-time…