State v. Young

Louisiana Court of Appeal

State v. Young

703 So. 2d 1253, 1997 WL 640619

Procedural entryThis page is a short order in State v. Young. Read the opinion of the Court — 663 So. 2d 525 →

Louisiana Court of Appeal·Decided September 26, 1997·No. No. 97-KK-0809·Published

Opinion

In re Young, Leroy Timothy; — Defendants); applying for supervisory and/or remedial writs; Parish of St. Tammany, 22nd Judicial District Court, Div. “B”, No. 241199; to the Court of Appeal, First Circuit, No. KW96 2079.

Granted for the sole purpose of transferring the application to the First Circuit Court of Appeal for consideration as an appeal. To the extent that La.R.S. 14:40.2(B)(1) provides for a penalty in excess of six months in jail, it defines an offense triable by a jury. La.C.Cr.P. art. 779(A). The defendant’s remedy upon conviction and sentence is therefore by appeal and not by supervisory review. La.C.Cr.P. art. 912.1(B).

MARCUS, J., not on panel.

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In re Young, Leroy Timothy; — Defendants); applying for supervisory and/or remedial writs; Parish of St. Tammany, 22nd Judicial District Court, Div. “B”, No. 241199; to the Court of Appeal, First Circuit, No. KW96 2079.

Granted for the sole purpose of transferring the application to the First Circuit Court of Appeal for consideration as an appeal. To the extent that La.R.S. 14:40.2(B)(1) provides for a penalty in excess of six months in jail, it defines an offense triable by a jury. La.C.Cr.P. art. 779(A). The defendant’s remedy upon conviction and sentence is therefore by appeal and not by supervisory review. La.C.Cr.P. art. 912.1(B).

MARCUS, J., not on panel.

State v. Young, 703 So. 2d 1253, 1997 WL 640619 (La. Ct. App. 1997).

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