State v. CoatsState v. Coats
The defendant, Dornell Coats, pleaded guilty to two counts of simple burglary (R.S. 14:62) and was sentenced to five years on each count, the sentences to run concurrently. He appeals those convictions and sentences.
The Louisiana Supreme Court has appellate jurisdiction in criminal cases “in which the penalty of death or imprisonment at hard labor may be imposed.” (Emphasis added). La.Const. of 1921, Art. 7, Sec. 10(5). Code of Criminal Procedure Article 912 provides in part.
“A. Only a final judgment or ruling is appealable.
"B. * * *
“C. The judgments or rulings from which the defendant may appeal include, but are not limited to:
“(1) A judgment which imposes sentence ;”
Our cases consistently hold that a defendant can appeal from a
conviction and sentence.
Code of Criminal Procedure Article 934(3) provides: “ ‘Convicted’ means
adjudicated guilty after a plea
or after trial on the merits.” Code of Criminal Procedure Article 871 states in part: “A sentence is
the penalty imposed
by the court on a defendant upon a plea of guilty, upon a verdict of guilty, or upon a judgment of guilty.” A defendant is convicted by his plea of guilty, and he is sentenced when the penalty is imposed. Therefore he may appeal his conviction and sentence flowing from a plea of guilty. State v. Watson,
However, a plea of guilty waives all defects prior to that plea except those jurisdictional defects which appear on the face of the pleadings and proceedings. State v. Valentine, decided November 8, 1971,
*67 No bills of exception were reserved or perfected. We are therefore limited on appeal to a review of the pleadings and proceedings for discoverable error. La.C. Cr.P. Art. 920. Examination of the pleadings and proceedings shows no error.
The convictions and sentences are affirmed.