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Date: 04-29-2020
Case Style:
STATE OF LOUISIANA VERSUS WILLIE EDWARD CARTER
Case Number: 2020-K-0174
Judge: Fredericka H Wicker
Court: Louisiana Fifth Circuit Court of Appeal
Plaintiff's Attorney: TERRY M. BOUDREAUX
THOMAS J. BUTLER
Defendant's Attorney:
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On May 1, 2019, this Court granted the State’s writ application, vacated the
trial court’s order granting defendant an out-of-time appeal, and denied the
defendant’s application for post-conviction relief requesting an out-of-time appeal.
State v. Carter, 19-25 (La. App. 5 Cir. 5/1/19), 2019 WL 1949559, --- So.3d ----.
Thus, this Court vacated the district court’s order granting defendant’s out-of-time
appeal.
Defendant immediately sought a writ of certiorari to the Louisiana Supreme
Court, which the court granted in part and remanded to the district court for a
hearing to determine if defendant was entitled to an out-of-time appeal. See, State
v. Carter, 19-788 (La. 10/8/19), 280 So.3d 142. Meanwhile, at defendant’s
request, this appeal was stayed awaiting disposition of defendant’s writ application
to the Louisiana Supreme Court.
On January 9, 2020, the remanded matter was heard by the trial court. At
that hearing, defendant “withdrew” this appeal. Further, in exchange for the
State’s agreement not to file a multiple offender bill of information against him, he
entered a new plea agreement. His 2018 sentence was vacated and he was
resentenced to imprisonment at hard labor for five years with credit for time served
since the date of his initial arrest.
For several reasons, we dismiss this appeal. First, defendant “withdrew” this
appeal at the re-sentencing on January 9, 2020. More importantly, the enhanced
sentence from 2018 that was at issue in this appeal was vacated at the resentencing hearing and, thus, there is no judgment that imposes sentence to appeal
pursuant to La. C.Cr.P. art. 912(C)(1)
Outcome: Accordingly, this appeal is hereby
dismissed.
Plaintiff's Experts:
Defendant's Experts:
Comments: