State v. Flowers
State v. Flowers
Opinion of the Court
12Defendant George Flowers appeals his conviction and sentence for simple battery. Because defendant seeks review of his misdemeanor conviction for a crime not triable by jury, we dismiss this appeal for lack of jurisdiction.
La. Const. Art. V, § 10 states that the appellate jurisdiction of the courts of appeal extends to “all criminal cases triable by a jury [except capital cases]” and its supervisory jurisdiction exists “over cases which arise within its circuit [not otherwise provided by law].” See also, La.C.Cr.P. art. 912.1(B)(1); La.C.Cr.P. art. 912.1(C)(1). To be eligible for trial by jury, an accused must be faced with imprisonment for more than six months and/or a fíne of more than $1,000.00. La. C.Cr.P. art. 779(B).
Here, the defendant was originally charged with the felony offense of aggravated battery, in violation of La. R.S. 14:34,
Although recent panels of this Court have opted to convert matters like this, which are not subject to this Court’s appellate jurisdiction, to applications for writs of review, we decline to follow that trend in this matter.
Accordingly, we dismiss the present appeal. State v. Suthon, 99-661 (La.App. 5 Cir. 10/29/99), 746 So.2d 240, 242. We reserve, however, Mr. Flowers’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 decision. Further, we hereby construe the motion for appeal as a notice of intent to seek a supervisory writ so Mr. Flowers is not required to file a notice of intent nor obtain an order setting a return date pursuant to U.R.C.A. Rule 4-3.
APPEAL DISMISSED.
. Under La. R.S. 14:34, a conviction for aggravated battery is punishable by imprisonment with or without hard labor for up to ten years and/or a fine of $5,000.00.
. Under La. R.S. 14:35, an offender found guilty of simple battery faces no more than six months in prison nor a fine of $1,000.00.
.For many years, this Court adhered to a firm policy declining to convert improper appeals into applications for supervisory writs. State v. Fleming, 01-1370 (La.App. 5 Cir. 5/29/02), 820 So.2d 1112, 1113; State v. Chess, 00-164 (La.App. 5 Cir. 6/27/00), 762 So.2d 1286; State v. Suthon, 99-661 (La.App. 5 Cir. 10/29/99), 746 So.2d 240; State v. Robinson, 97-686 (La.App. 5 Cir. 1/14/98), 707
Reference
- Full Case Name
- STATE of Louisiana v. George E. FLOWERS
- Cited By
- 9 cases
- Status
- Published