State v. Koussanta

Louisiana Court of Appeal

State v. Koussanta

164 So. 3d 903, 14 La.App. 5 Cir. 758, 2014 La. App. LEXIS 2584, 2014 WL 5463347

CourtLouisiana Court of Appeal

DecidedOctober 29, 2014

DocketNo. 14-KA-758

StatusPublished

This text of 164 So. 3d 903 (State v. Koussanta) 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. Koussanta, 164 So. 3d 903, 14 La.App. 5 Cir. 758, 2014 La. App. LEXIS 2584, 2014 WL 5463347 (La. Ct. App. 2014).

Pincite

Opinion

ROBERT M. MURPHY, Judge.

|2Pefendant, Bamela Koussanta, appeals his convictions for two counts of the misdemeanor offense of simple battery in violation of La. R.S. 14:35. Because defendant seeks review of his misdemeanor convictions for a crime not triable by jury, we dismiss this appeal for lack of jurisdiction.

Appellate jurisdiction extends only to cases that are triable by a jury. State v. Lyons, 13-180, 13-181, 13-182,13-183,13-184, 13-185, 13-186 (La.App. 5 Cir. 10/9/13), 128 So.3d 407, 411 (citing La. Const. Art. 5 § 10; La.C.Cr. P. art. 912.1). “Unless the punishment that may be imposed exceeds six months imprisonment, a misdemeanor is not triable by a jury.” Id. (citing La. Const. Art. 1 § 17; La.C.Cr.P. art. 779).

1 sHere, defendant was found guilty of simple battery, in violation of La. R.S. 14:35. La. R.S. 14:35(B) provides that, “[wjhoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.” Because defendant was found guilty of a misdemeanor offense not triable by jury, this judgment is not an appealable judgment. See La.C.Cr.P. art. 779(B); State v. Flowers, 11-376 (La.App. 5 Cir. 12/13/11), 81 So.3d 910. Under La. [904]*904C.Cr.P. art. 912.1(C)(1), an application for a writ of review is the proper mechanism for seeking judicial review of a conviction on an offense not triable by jury, such as simple battery. See Flowers, swpra; La. Const. Art. 5 § 10.

CONCLUSION

Accordingly, we dismiss the present appeal. We reserve, however, defendant’s right to file a proper application for supervisory writs, in compliance with U.R.C.A. Rule 4-3, within thirty days from the date of this opinion. Further, we hereby construe defendant’s notice of appeal as a notice of intent to seek a supervisory writ, so defendant is not required to file a notice of intent or to obtain an order setting a return date pursuant to U.R.C.A. Rule 4-3.

APPEAL DISMISSED.

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ROBERT M. MURPHY, Judge.

|2Pefendant, Bamela Koussanta, appeals his convictions for two counts of the misdemeanor offense of simple battery in violation of La. R.S. 14:35. Because defendant seeks review of his misdemeanor convictions for a crime not triable by jury, we dismiss this appeal for lack of jurisdiction.

Appellate jurisdiction extends only to cases that are triable by a jury. State v. Lyons, 13-180, 13-181, 13-182,13-183,13-184, 13-185, 13-186 (La.App. 5 Cir. 10/9/13), 128 So.3d 407, 411 (citing La. Const. Art. 5 § 10; La.C.Cr. P. art. 912.1). “Unless the punishment that may be imposed exceeds six months imprisonment, a misdemeanor is not triable by a jury.” Id. (citing La. Const. Art. 1 § 17; La.C.Cr.P. art. 779).

1 sHere, defendant was found guilty of simple battery, in violation of La. R.S. 14:35. La. R.S. 14:35(B) provides that, “[wjhoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.” Because defendant was found guilty of a misdemeanor offense not triable by jury, this judgment is not an appealable judgment. See La.C.Cr.P. art. 779(B); State v. Flowers, 11-376 (La.App. 5 Cir. 12/13/11), 81 So.3d 910. Under La. [904]*904C.Cr.P. art. 912.1(C)(1), an application for a writ of review is the proper mechanism for seeking judicial review of a conviction on an offense not triable by jury, such as simple battery. See Flowers, swpra; La. Const. Art. 5 § 10.

CONCLUSION

Accordingly, we dismiss the present appeal. We reserve, however, defendant’s right to file a proper application for supervisory writs, in compliance with U.R.C.A. Rule 4-3, within thirty days from the date of this opinion. Further, we hereby construe defendant’s notice of appeal as a notice of intent to seek a supervisory writ, so defendant is not required to file a notice of intent or to obtain an order setting a return date pursuant to U.R.C.A. Rule 4-3.

APPEAL DISMISSED.

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Bluebook (online)

164 So. 3d 903, 14 La.App. 5 Cir. 758, 2014 La. App. LEXIS 2584, 2014 WL 5463347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-koussanta-lactapp-2014.

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