¶1In re State of Louisiana; — -Plaintiff; Applying for Writ of Certiorari and/or Review, Parish of Orleans, Criminal District Court Div. I, No. 281-985; to the Court of Appeal, Fourth Circuit, No(s). 2003-KA-1794, 2003-KA-1794.
¶2Granted. The courts below erred by considering the merits of the defendant’s Crosby reservation, see State v. Crosby, 338 So.2d 584 (La.1976), in an out-of-time appeal granted years after finality of the defendant’s conviction and sentence. See La.C.Cr.P. art. 930.8(A) (“No application for post-conviction relief including applications which seek an out-of-time appeal, shall be considered if it is filed more than two years after the judgment of conviction and sentence has become final .”); State ex rel. Glover v. State, 93-2330, p. 22 (La.9/5/95), 660 So.2d 1189, 1201 (“[T]he fact that the trial court reached the merits in an untimely filed application for post conviction relief ... [does] not preclude [an appellate court] from raising Art. 930.8’s time bar.”). The decision of the court of appeal is therefore reversed and the defendant’s conviction and sentence are reinstated.