State v. Coats

STATE of Louisiana v. Dornell COATS

State v. Coats, 255 So. 2d 75 (La. 1971)

Court: Supreme Court of Louisiana · State Highest Courts
Decided: November 23, 1971
Docket: No. 51375
Judges: Per Curiam
Citations: 255 So. 2d 75260 La. 641971 La. LEXIS 3873

Opinion — Per Curiam

PER CURIAM.

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, 41 La.Ann. 598 , 7 So. 125 (1889); State v. Bergeron, 152 La. 38 , 92 So. 726 (1922).

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, 259 La. 1019 , 254 So.2d 450 . See also State v. Bergeron and State v. Watson, supra. We find no jurisdictional error prior to the guilty plea.

*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.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 15 cases

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Relies on it most ⓘ

State v. Crosby338 So. 2d 584 (La. 1976)
State v. Jones404 So. 2d 1192 (La. 1981)
State v. Spain329 So. 2d 178 (La. 1976)
State v. Allen267 So. 2d 544 (La. 1972)
State v. Fontenot535 So. 2d 433 (La. Ct. App. 1988)
State v. Bell332 So. 2d 222 (La. 1976)

Most recent

State v. Williams77 So. 3d 394 (La. Ct. App. 2011)
State v. Fontenot535 So. 2d 433 (La. Ct. App. 1988)
State v. Spurgeon437 So. 2d 981 (La. Ct. App. 1983)
State v. Jones404 So. 2d 1192 (La. 1981)
State v. Crosby338 So. 2d 584 (La. 1976)
State v. Bell332 So. 2d 222 (La. 1976)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	State v. Valentine, 254 So. 2d 450 (La. 1971)	19
	State v. Bergeron, 92 So. 726 (La. 1922)	16
	State v. Watson, 41 La. Ann. 598 (1889)	16

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