State of Louisiana v. Jesse William Spearing

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

16-502

VERSUS

JESSE WILLIAM SPEARING

************ APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, DOCKET NO. 10633-14 HONORABLE GUY BRADBERRY, JUDGE

************ ULYSSES GENE THIBODEAUX CHIEF JUDGE ************

Court composed of Ulysses Gene Thibodeaux, Chief Judge, Marc T. Amy, and Billy H. Ezell, Judges.

APPEAL DISMISSED. DEFENDANT-APPELLANT IS PERMITTED TO FILE AN APPLICATION FOR SUPERVISORY WRITS WITHIN THIRTY DAYS FROM THE DATE OF THIS DECISION.

John Foster DeRosier District Attorney Karen C. McLellan Hope Buford Assistant District Attorney P. O. Box 3206 Lake Charles, LA 70602 (337) 437-3400 COUNSEL FOR APPELLEE: State of Louisiana Carey J. Ellis, III Louisiana Appellate Project P. O. Box 719 Rayville, LA 71269 (318) 728-2043 COUNSEL FOR APPELLANT: Jessie William Spearing Thibodeaux, Chief Judge. On April 7, 2014, Defendant-Appellant, Jessie William Spearing, was

charged by bill of information with simple burglary, a violation of La.R.S. 14:62.

On September 24, 2012, pursuant to a plea agreement, Defendant-Appellant pled

guilty to the charged offense and was sentenced to serve four years in the custody

of the Louisiana Department of Corrections. The sentence was suspended, and

Defendant-Appellant was placed on supervised probation for a term of four years,

subject to certain conditions.

On February 24, 2016, Defendant-Appellant admitted that he violated the

conditions of his probation. His probation was revoked, and he was ordered to

serve his original sentence of four years in the Louisiana Department of

Corrections. Defendant-Appellant filed a “Motion and Order for Appeal” with the

trial court on March 7, 2016. The trial court granted Defendant-Appellant’s

motion on March 31, 2016.

On June 15, 2016, this court lodged the appeal record for this case. On July

22, 2016, this court issued a rule to show cause why the appeal should not be

dismissed as the judgment at issue is a probation revocation. State ex rel. Clavelle

v. State, 02-1244 (La. 12/12/03), 861 So.2d 186. No response was received from

Defendant-Appellant.

The appeal is dismissed, as the judgment at issue is a probation revocation

and thus not appealable. Clavelle, 861 So.2d 186. Defendant-Appellant is hereby

permitted to file a proper application for supervisory writs, in compliance with

Uniform Rules—Courts of Appeal, Rule 4, no later than thirty days from the date

of this decision. Defendant-Appellant is not required to file a notice of intent to

seek writs nor obtain an order setting a return date pursuant to Uniform Rules— Courts of Appeal, Rule 4-3, as we hereby construe the motion for appeal as a

timely-filed notice of intent to seek a supervisory writ.

APPEAL DISMISSED. DEFENDANT-APPELLANT IS PERMITTED TO

FILE AN APPLICATION FOR SUPERVISORY WRITS WITHIN

THIRTY DAYS FROM THE DATE OF THIS DECISION.