671 So. 2d 30 | La. Ct. App. | 1996
Defendant, Ralph E. Razza, pled guilty to three (3) counts of cruelty to a juvenile in violation of La.R.S. 14:93 and, on February 16,1995, he was sentenced to one (1) year on each count, to be served consecutively.
On March 16, 1995, defendant filed a motion to amend/reconsider the sentence imposed, which was denied by the trial court on March 22,1995.
On May 4, 1995, defendant filed a second motion to amend/reconsider sentence; there is nothing in the record to reflect that the trial court acted on this motion.
ROn May 11, 1995, defendant filed a motion for appeal. On appeal, defendant asserts that his sentence is excessive. We dismiss this appeal ex proprio motu for the following reasons:
La.C.Cr.P. art. 914 provides:
A. A motion for an appeal may be made orally in open court or by filing a written motion with the clerk. The motion shall be entered in the minutes of the court.
B. The motion for an appeal must be made no later than:
(1) Five days after the rendition of the judgment or ruling from which the appeal is taken.
(2) Five days from the ruling on a motion to reconsider sentence filed pursuant to Article 881.1, should such a motion be filed.
The record reflects that the motion to reconsider/amend the sentence.was denied by the trial court on March 22, 1995. Accord
For this reason, the appeal is dismissed.
APPEAL DISMISSED.