STATE OF LOUISIANA VERSUS STEPHEN ROSS PROCTOR
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 13-1036 STATE OF LOUISIANA VERSUS STEPHEN ROSS PROCTOR ************ APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF IBERIA, NO. 41124 HONORABLE GERARD B. WATTIGNY, DISTRICT JUDGE ************ PHYLLIS M. KEATY JUDGE ************ Court composed of John D. Saunders, Billy H. Ezell, and Phyllis M. Keaty, Judges. APPEAL DISMISSED. J. Phil Haney District Attorney - 16th JDC 300 Iberia Street New Iberia, LA 70560 (337) 369-4420 COUNSEL FOR APPELLEE: State of Louisiana Martin E. Regan, Jr. Nisha Sandhu 2125 St. Charles Avenue New Orleans, LA 70130 COUNSELS FOR APPELLANT: Stephen Ross Proctor Judge Keaty, On February 4, 1988, Defendant, Stephen Ross Proctor, was found guilty of second degree murder. On February 11, 1988, Defendant was sentenced to life imprisonment without the benefit of probation, parole, or suspension of sentence. Defendant s conviction and sentence were affirmed on appeal. See State v. Proctor, 88-1282 (La.App. 3 Cir. 1989) (unpublished opinion), writ denied, 892866 (La.1990), 559 So.2d 138. On July 16, 2012, Defendant filed an Application for Post-Conviction Relief with the trial court, asserting that the State violated his due process rights and his guarantee of a fair trial. The State filed an Answer and Motion to Dismiss Defendant s Application for Post-Conviction Relief on October 5, 2012. On July 9, 2013, counsel for Defendant filed a Motion to Supplement Application for Post-Conviction Relief with the trial court. The trial court denied Defendant s Application for Post-Conviction Relief on July 10, 2013, as being untimely filed. On or about July 31, 2013, Defendant filed a Notice of Intent to Appeal and a Motion and Order Setting Return Date with the trial court. On August 5, 2013, the trial court granted Defendant s motion with a return date of October 21, 2013. On September 10, 2013, this court lodged the appeal record. On September 12, 2013, this court issued a rule to show cause why the appeal should not be dismissed as the judgment is non-appealable. See La.Code Crim.P. art. 912. No response was received by Defendant. Accordingly, we hereby dismiss Defendant s appeal. APPEAL DISMISSED.
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