State of Louisiana Versus Irene a Simmons

• Court: Louisiana Court of Appeal
• Decided: August 27, 2025
• Docket: 25-KA-363
• Status: Unknown

Opinion

STATE OF LOUISIANA NO. 25-KA-363

VERSUS FIFTH CIRCUIT

IRENE A SIMMONS COURT OF APPEAL

STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 24-5917, DIVISION "M" HONORABLE SHAYNA BEEVERS MORVANT, JUDGE PRESIDING

August 27, 2025

SCOTT U. SCHLEGEL JUDGE

Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Scott U. Schlegel

APPEAL DISMISSED; DEFENDANT GRANTED 30 DAYS TO SEEK SUPERVISORY REVIEW SUS JGG MEJ SCHLEGEL, J.

Defendant, Irene A. Simmons, appeals her misdemeanor conviction and

sentence for simple battery. For reasons that follow, we dismiss the appeal and

allow defendant 30 days to seek supervisory review.

On November 25, 2024, the Jefferson Parish District Attorney’s Office

charged defendant, Irene A. Simmons, with aggravated battery (La. R.S. 14:34).

On May 7, 2025, the district attorney amended the charge to a misdemeanor

offense of simple battery in violation of La. R.S. 14:35. Following a bench trial on

the same day, the trial court convicted defendant of simple battery. Defendant

waived sentencing delays, and on May 7, 2025, the trial court imposed a sentence

of six months suspended and placed defendant on twelve months active probation.

On May 21, 2025, defendant filed a motion for appeal, which the trial court

granted on May 27, 2025.

The record in this matter was lodged on August 14, 2025. Upon review, we

find that this Court lacks appellate jurisdiction. Appellate jurisdiction extends only

to cases that are triable by a jury. State v. Fink, 20-115 (La. App. 5 Cir. 3/20/20),

293 So.3d 796 (citing La. Const. art. 5 § 10; La. C.Cr.P. article 912.1). The

maximum aggregate penalty that may be imposed for the appellant’s charged

offense, simply battery, does not exceed six months of imprisonment or a fine of

more than one thousand dollars.1 This offense is not triable by jury, and therefore,

defendant’s conviction and sentence are only subject to supervisory review under

La. C.Cr.P. art. 912.1(C)(1).

Accordingly, we dismiss the appeal and construe defendant’s May 21, 2025

Motion for Appeal as a notice of intent to seek a supervisory writ. We further

reserve defendant’s right to seek a supervisory writ in compliance with Uniform

1 La. R.S. 14:35(B) provides: “Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.”

25-KA-363 1 Rules, Courts of Appeal, Rule 4-3, within thirty days from the date of this Order.

See State v. Robinson, 97-686 (La. App. 5 Cir. 1/14/98), 707 So.2d 81.

APPEAL DISMISSED; DEFENDANT GRANTED 30 DAYS TO SEEK SUPERVISORY REVIEW

25-KA-363 2 SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. TRAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY AUGUST 27, 2025 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

25-KA-363 E-NOTIFIED 24TH JUDICIAL DISTRICT COURT (CLERK) HONORABLE SHAYNA BEEVERS MORVANT (DISTRICT JUDGE) THOMAS J. BUTLER (APPELLEE) CHAD M. IKERD (APPELLANT)

MAILED NO ATTORNEYS WERE MAILED