STATE OF LOUISIANA VERSUS BENJIMAN SHANE RIVERS

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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 07-1043 STATE OF LOUISIANA VERSUS BENJIMAN SHANE RIVERS ********** APPEAL FROM THE ELEVENTH JUDICIAL DISTRICT COURT PARISH OF SABINE, NO. 59386 HONORABLE STEPHEN B. BEASLEY, DISTRICT JUDGE ********** SYLVIA R. COOKS JUDGE ********** Court composed of Sylvia R. Cooks, Glenn B. Gremillion, and Elizabeth A. Pickett, Judges. APPEAL DISMISSED. Don M. Burkett District Attorney s Office P.O. Box 1557 Many, Louisiana 71449 (318) 256-6246 Counsel for Appellee: State of Louisiana W. Jarred Franklin Louisiana Appellate Project 3001 Old Minden Road Bossier City, LA 71112 Counsel for Appellant: Benjiman Shane Rivers Cooks, Judge. The Defendant, Benjiman Shane Rivers, entered a plea of guilty on February 26, 2007, to the offense of middle grade theft. To date, the Defendant has not been sentenced for the offense. On May 30, 2007, the Defendant motioned the trial court to appeal his conviction and sentence, which was subsequently granted on June 1, 2007. As provided in La.Code Crim.P. art. 912(C), a defendant may appeal from a judgment which imposes sentence. On August 23, 2007, this court issued a rule to show cause why the appeal should not be dismissed as premature, as the Defendant has yet not been sentenced. The Defendant failed to submit a response to the rule to show cause. Therefore, the appeal in this case is hereby dismissed. APPEAL DISMISSED. 1

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