State v. Jones

701 So. 2d 142, 1997 La. LEXIS 2679, 1997 WL 590884

Opinion

In re Jones, Richard; — Defendant(s); applying for supervisory and/or remedial writs; Parish of Orleans, Criminal District Court, Div. “G”, No. 253-412; to the Court of Appeal, Fourth Circuit, No. 97KW-0398.

Writ granted in part; denied in part. The court of appeal lacked jurisdiction to grant the state’s writ. La. Const, art. V, Sec. 5(E). Its judgment is therefore void. However, the district court likewise lacked jurisdiction to entertain relator’s motion for a new trial, and its judgment is also void. La.C.Cr.P. art. 916. In all other respects the application is denied.

JOHNSON, J., not on panel.