State of Louisiana v. Kevin James Alexander A/K/A Kevin J. Alexander A/K/A James K. Alexander A/K/A Kevin Alexander,jr.

Opinion

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

KA23-429

VERSUS

KEVIN JAMES ALEXANDER AKA KEVIN J. ALEXANDER AKA JAMES K. ALEXANDER AKA KEVIN ALEXANDER, JR.

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APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT PARISH OF LAFAYETTE, NO. 145,966 HONORABLE DAVID M. SMITH, JUDGE

********** CANDYCE G. PERRET JUDGE **********

Court composed of Elizabeth A. Pickett, Van K. Kyzar, and Candyce G. Perret, Judges.

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

Hon. Donald Landry District Attorney P.O. Box 3306 Lafayette, LA 70502 COUNSEL FOR APPELLEE: State of Louisiana Annette Roach Louisiana Appellate Project P.O. Box 6547 Lake Charles, LA 70606-6547 (337) 436-3384 COUNSEL FOR APPELLANT: Kevin James Alexander PERRET, Judge.

On May 12, 2017, Defendant, Kevin James Alexander, was convicted by a

jury of aggravated flight from an officer, a violation of La.R.S. 14:108.1(C), and

aggravated criminal damage to property, a violation of La.R.S. 14:55. On August

28, 2017, Defendant was sentenced to serve twelve years at hard labor for

aggravated criminal damage to property and two years at hard labor for aggravated

flight from an officer. Both were with credit for time served and were to be served

concurrently.

On December 21, 2017, Defendant filed an appeal. This court affirmed both

of Defendant’s convictions but vacated the sentence for aggravated flight from an

officer and remanded it for resentencing finding that the sentence imposed was

unclear. State v. Alexander, 17-1166 (La.App. 3 Cir. 9/26/18), 256 So.3d 365, writ

denied, 18-1794 (La. 4/5/19), 267 So.3d 1130.

Defendant was resentenced on November 5, 2018. The transcript reflects

that Defendant was sentenced to two years hard labor for aggravated flight from an

officer to run concurrently with the twelve-year sentence for aggravated criminal

damage to property.

On May 8, 2019, Defendant filed an application for post-conviction relief

pursuant to La.Code Crim.P. art. 927, along with a memorandum in support of his

application. At a hearing held on February 1, 2023, the trial court denied

Defendant’s application for post-conviction relief.

On February 8, 2023, a motion for appeal and designation of record was

filed on behalf of Defendant. On February 16, 2023, an order was signed granting

an appeal on behalf of the Defendant and appointing the Louisiana Appellate

Project to handle the appeal. The record was lodged with this court on July 6, 2023, and on July 7, 2023,

this court issued a rule to show cause why the appeal in this case should not be

dismissed as the judgment at issue is not appealable. Defendant was given until

August 2, 2023, to file a brief.

A “Brief on Rule to Show Cause” from Defendant’s appointed attorney was

received on August 7, 2023. The brief stated in part: “The proper review of the

denial of an application for post-conviction relief is by invoking the court’s

supervisory jurisdiction. Thus, the appeal in the present case was improper.” The

Defendant’s appointed attorney further requested: “[T]hat the court allow Kevin

Alexander a period of thirty days from the date of the court’s decision in this case

to complete and file a timely application for writ of review.”

Accordingly, the appeal is dismissed. Defendant may seek supervisory writs

within thirty (30) days of the date of this decision. Defendant is not required to file

a notice of intent to seek writs nor must he obtain an order from the trial court

setting a return date, as is generally required by Uniform Rules—Courts of Appeal,

Rule 4–3. We construe the motion for appeal as a timely-filed notice of intent to

seek a supervisory writ.

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

This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules—Courts of Appeal, Rule 2-16.3.