2012 QCCA 969, 2012 QCCA 969

Sparks c.

R. 2012 QCCA 969 COUR OF APPEAL CANADA PROVINCE DE QUÉBEC GREFFE DE QUÉBEC No : 200-10-002804-123 (200-01-153149-111) MINUTES OF THE HEARING May 28 th , 2012 THE HONOURABLE LORNE GIROUX, J.A. (JG1983) PETITIONER ATTORNEY JEFFREY ALLAN SPARKS PERSONALLY RESPONDENT ATTORNEY HER MAJESTY THE QUEEN RENÉ VERRET (AV2132) (Criminal and penal prosecuting attorney) CLERK : MICHÈLE BLANCHETTE (TB3352) COURT ROOM : 4.30 - VIDEOCONFERENCE DESCRIPTION : Motion to extend the time for appeal 9 : 38 Discussion; 9 : 39 Comments of the Judge; Comments of Mr Verret; 9 : 41 Comments of the Judge; Comments of Mr Sparks; 9 : 46 Comments of Mr Verret; Comments of the Judge; 9 : 47 Comments of Mr Sparks about his motion; Comments of the Judge;

9 : 53 Comments of Mr Verret; Comments of the Judge;9 : 59 Comments of Mr Sparks; Comments of the Judge;10 : 00 Discussion;10 : 04 Judgment. (

s) Court Clerk BY THE JUDGE JUDGMENT [1] The petitioner submits an application for an extension of time to appeal his convictions. [2] On October 10th, 2011, the petitioner was convicted by a jury of one count of assault with a weapon (sect. 267

a) Cr.C.), fivecounts of breaking and entering with theft (sect. 348

(1) b) e) Cr.C.), one count of breaking and entering with intent (sect. 348 (1) (

a) e)Cr.C.), one count of dangerous driving (sect. 249 (1) a)

(2) a) Cr.C.), one count of failure to stop while being pursued by a police officer(sect. 249.1 (1)

(2) a) Cr.C.) and one count of possession of stolen property (sect. 355

a) Cr.C.). [3] On November 7th, 2011, he was handed a global sentence of 10 years in custody. [4] The Petitioner's application meets the criteria set forth in R. v. Lamontagne, (1994) (QC CA), 95 C.C.C.(3d) 277 (Que. C.A.) in that : - he expressed his intention to appeal while the right to appeal existed; - he has arguable grounds of appeal as set forth in his notice of appeal; - given the fact that he is incarcerated in a penitenciary, he has shown reasonable diligence in seeking to exercise the right toappeal within the prescribed time.

FOR THESE REASONS, THE UNDERSIGNED : [5] GRANTS the motion to extend the time for appeal; [6] EXTENDS the time within which to appeal the convictions; [7] ALLOWS the petitioner to file his notice of appeal in the Office of the Court; [8] GIVES ACT to the undertaking of Mr René Verret to obtain the transcript of the trial; [9] ALLOWS the appellant to file an handwritten argument, not exceeding 30 pages, in lieu of a factum should the need arise. LORNE GIROUX, J.A.