Opinion
No. 88-KH-0631.
April 22, 1988.
In re Ballom, Wayne; Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. "I" Number 313-943; to the Court of Appeal, Fourth Circuit, Number KW-8969.
Granted. The jurisdiction of the trial court was divested and that of the appellate court attached upon the entering of the order of appeal on Sept. 19, 1986. Thereafter the trial court had no jurisdiction to dismiss the previously taken appeal. La.C.Cr.P. art. 916; State v. Arbuthnot, 367 So.2d 296 (La. 1979). The trial court should prepare the record for appeal, appoint counsel if previous appellant counsel has been relieved of the duty to represent relator, and lodge the record within 60 days of the date of this order.
LEMMON, J., dissents from the order. However, the court's order reinstating the appeal arguable aborts the plea bargain and leaves the prosecutor free to institute prosecution on the theft charge which the prosecutor agreed not to pursue.