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      CCRP 916     


Art. 916.  Divesting of jurisdiction of trial court

The jurisdiction of the trial court is divested and that of the appellate court attaches upon the entering of the order of appeal.  Thereafter, the trial court has no jurisdiction to take any action except as otherwise provided by law and to:

(1)  Extend the return day of the appeal, the time for filing assignments of error, or the time for filing per curiam comments in accordance with Articles 844 and 919.

(2)  Correct an error or deficiency in the record.

(3)  Correct an illegal sentence or take other appropriate action pursuant to a properly made or filed motion to reconsider sentence.

(4)  Take all action concerning bail permitted by Title VIII.

(5)  Furnish per curiam comments.

(6)  Render an interlocutory order or a definitive judgment concerning a ministerial matter not in controversy on appeal.

(7)  Impose the penalty provided by Article 844.

(8)  Sentence the defendant pursuant to a conviction under the Habitual Offender Law as set forth in R.S. 15:529.1.

Amended by Acts 1968, No. 147, §1; Acts 1974, No. 207, §1; Acts 1984, No. 527, §1; Acts 1986, No. 851, §1; Acts 1991, No. 38, §2; Acts 1997, No. 642, §1.


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