STATE OF LOUISIANA VERSUS TERRELL STIPE

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STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT P.O. Box 16577 Lake Charles LA 70616 (337) 433-9403 William Jarred Franklin Louisiana Appellate Project 3001 Old Minden Road Bossier City LA 71112 Sidney Joseph Rosteet Attorney at Law P. O. Box 2719 Sulphur LA 70664 Donald Anthony Sauviac, Jr. Attorney At Law 2925 Tulane Avenue New Orleans LA 70119 REHEARING ACTION: April 1, 2009 Docket Number: 08 00762-KA STATE OF LOUISIANA VERSUS TERRELL STIPE Appealed from Calcasieu Parish Case No. 12259-06(Ascesion Parish) BEFORE JUDGES: Hon. Sylvia R. Cooks Hon. John D. Saunders Hon. Jimmie C. Peters As counsel of record in the captioned case, you are hereby notified that the application for rehearing filed by Terrell Stipe has this day been DENIED: Defendant's application for rehearing is denied as this court may not consider an application for rehearing based on newly discovered evidence, nor can it remand the case, as the one year time period for filing a motion for new trial based on newly discovered evidence has lapsed. La.Code Crim.P art. 853, 851(3). Defendant may present his claim by application for post-conviction relief. La.Code Crim.P. art 930.3. cc: Anthony Gerard Falterman, Counsel for the Appellee Shawn Rene Bush, Counsel for the Appellee Donald David Candell, Counsel for the Appellee

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