State v. Buckley

Louisiana Court of Appeal

State v. Buckley

515 So. 2d 611, 1987 La. App. LEXIS 10423

CourtLouisiana Court of Appeal

DecidedOctober 14, 1987

DocketNo. KA 87 1081

StatusPublished

Cited by1 cases

This text of 515 So. 2d 611 (State v. Buckley) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Buckley, 515 So. 2d 611, 1987 La. App. LEXIS 10423 (La. Ct. App. 1987).

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Opinion

REMY CHIASSON, Retired Judge.

Defendant was charged by bill of information with simple assault in violation of LSA-R.S. 14:38. After a bench trial defendant was found guilty as charged, sentenced to serve 30 days in the parish jail, imposition of which was suspended with defendant being placed on one year unsupervised probation, and was fined $150.00 plus court costs. Defendant now appeals this conviction and sentence. The conviction and sentence are for simple assault which only carries a maximum penalty of under $200 or ninety (90) days, or both and is therefore not triable by jury. La. Const, art. 1, § 17; LSA-R.S. 14:38; LSA-C.Cr.P. art. 779. Only cases triable by jury are appealable. La. Const, art. V, § 10(A)(3).

This case is not appealable nor does the matter comply with Rule 4, Uniform Rules-Court of Appeal and will not, therefore, be considered as an application for writ of review. See State v. Clause, 486 So.2d 1206, footnote 2 (La.App. 1st Cir.1986). For the above reasons this appeal is hereby dismissed.

APPEAL DISMISSED.

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REMY CHIASSON, Retired Judge.

Defendant was charged by bill of information with simple assault in violation of LSA-R.S. 14:38. After a bench trial defendant was found guilty as charged, sentenced to serve 30 days in the parish jail, imposition of which was suspended with defendant being placed on one year unsupervised probation, and was fined $150.00 plus court costs. Defendant now appeals this conviction and sentence. The conviction and sentence are for simple assault which only carries a maximum penalty of under $200 or ninety (90) days, or both and is therefore not triable by jury. La. Const, art. 1, § 17; LSA-R.S. 14:38; LSA-C.Cr.P. art. 779. Only cases triable by jury are appealable. La. Const, art. V, § 10(A)(3).

This case is not appealable nor does the matter comply with Rule 4, Uniform Rules-Court of Appeal and will not, therefore, be considered as an application for writ of review. See State v. Clause, 486 So.2d 1206, footnote 2 (La.App. 1st Cir.1986). For the above reasons this appeal is hereby dismissed.

APPEAL DISMISSED.

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515 So. 2d 611, 1987 La. App. LEXIS 10423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-buckley-lactapp-1987.

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