State v. Davis

DUFRESNE, Judge.

James Davis pled guilty to Simple Burglary (R.S. 14:62) pursuant to C.Cr.P. art. 893 and was placed on active probation for one year on December 9,1985. On November 17, 1986, a rule to revoke probation was filed. The rule was taken up on March 24, 1988, at the close of the hearing the court ordered that the defendant’s probation be revoked. The court then sentenced the defendant to two years at hard labor, consecutive to any other sentence the de*522fendant may be serving. The defendant filed a motion for appeal on April 5, 1988.

The appeal is untimely. C.Cr.P. art. 914 states:

A…