Fill and Sign the In the Criminal District Court for the Parish of Orleans Form

Criminal Action No. ______ & ______ ______ JUDICIAL DISTRICT COURT IN AND FOR THE PARISH OF ______ , STATE OF LOUISIANA Criminal Action No. ____ ______ JUDICIAL DISTR ICT COURT IN AND FOR THE PARISH OF ______ , STATE OF LOUISIANA STATE OF LOUISIANA VS _________________ Filed: ____________________, 20 ____ _______________________, Dy. Clk. * * * MOTION FOR OUT OF TIME A PPEAL NOW INTO COURT, through u ndersigned counsel, comes your D efendant, _________________ , and moves this Honorable Court for the order granting h im to proceed on Appeal to the ______ Circuit Court of Appeal. 1. On ______ ____ , 20 ____ , D efendant was sentenced to a term of ____ years, ____ years, and ____ years consecutively for the charges to which he plead guilty, two counts of _________________ . 2. On ______ ____ , 20 ____ , D efendant filed a Motion to Reconsider Sentence which was denied by this Ho norable Court on ______ ____ , 20 ____ . 3. On ______ ____ , 20 ____ , an Order for Appeal was granted by this Honorable Court, but was not accepted by the ____ Circuit Court of Appeal because the Motion for Appeal was not timely filed. 4. Defendant conte nds that Article 911and 912 of the Code of Criminal Procedure gives a person the right to have a judgment or ruling reviewed by the proper appellant court, and what judgments and rulings are appealable. Under provisions of Article 7, Section 10 of the Lou isiana Constitution of 1921, and Article 5(D)(2) of the Louisiana Constitution of 1974 in effect presently, petitioner has an absolute right to appellate review. 5. In this case, denial by the ______ Circuit to grant defendant an appeal is a denial of the Defendant =s constitutional right of due process, and therefore, D efendant requests this Honorable Court to grant him an O ut of Time Appeal. Therefore, D efendant prays this Honorable Court will grant him an Out of Time Appeal. Respectfully Submitted, __________________________ _________________ _________________ Parish I.D. Board _________________ ____ ____ , LA ______ (____ )______ * * * O R D E R IT IS ORDERED that Defendant, __ _______________ , be granted an Out of Time Appeal for the ______ Circuit Court of Appeal of Louisiana. THUS DONE AND SIGNED this __________ __ day of __________________ 20 ____ , at _________________ , Louisiana. __________________________ Judge * * * * CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing Motion for Out of Time Appeal has this date been served upon the Office of District Attorney for the Parish of ______ , Louisiana, by hand delivering a copy of the same. _________________ , Louisiana, this _____ _ day of _________________, 20 ____ . _______ _______________________ _________________