State of Louisiana v. Jonathan Parker

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

12-658

STATE OF LOUISIANA VERSUS JONATHAN PARKER

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APPEAL FROM THE

TWENTY-SEVENTH JUDICIAL DISTRICT COURT PARISH OF ST. LANDRY, NO. 01-NS-3890 HONORABLE JAMES PAUL DOHERTY, JR.

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JAMES T. GENOVESE

JUDGE

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Court composed of Marc T. Amy, James T. Genovese, and Shannon J. Gremillion, Judges.

APPEAL DISMISSED. THE DEFENDANT IS PERMITTED TO FILE AN APPLICATION FOR SUPERVISORY WRITS WITHIN FIFTEEN DAYS OF THE DATE OF THIS OPINION.

Hon. David Randal Wagley ADA - 27th JDC P.O. Box 1968 Opelousas, LA 70570 (337) 351-1630 COUNSEL FOR APPELLEE:

State of Louisiana Kenneth R. Martinez Attorney at Law P.O. Box 119 Ville Platte, LA 70586 (337) 363-6639 COUNSEL FOR:

Support Enforcement, State of Louisiana Brandon Guillory Attorney at Law 413 N. Walnut St. Opelousas, LA 70570 (337) 351-9000 COUNSEL FOR APPELLANT:

Jonathan Parker Jonathan Parker, In Proper Person 830 Belle Drive Breaux Bridge, LA 70517 (337) 315-9503 Cylneathea Ernestine 637 Old Dover Road Morris Plaint, NJ 07950 Genovese, Judge.

This case is a nonsupport matter. On April 11, 2012, the Hearing Officer recommended the Defendant, Jonathan Parker, be found in contempt of court for failure to pay arrearages, serve ninety days in parish jail, the term of incarceration be suspended, and be placed on two years unsupervised probation. The Defendant filed an objection to the recommendation, and the matter was set for hearing. At a hearing held on May 14, 2012, the district court signed a judgment affirming the Hearing Officer’s recommendation. The Defendant filed a notice of appeal on May 16, 2012. An appeal was granted by the district court on May 22, 2012.

The appellate record was lodged with this court on June 8, 2012. This court subsequently issued a rule to show cause why the appeal should not be dismissed, as the judgment is non-appealable. The Defendant did not respond.

The judgment at issue is not appealable. See La.Code Civ.P. art. 227; La.R.S. 13:4611; La.Code Crim.P. art. 912.1. Accordingly, we hereby dismiss the Defendant’s appeal. The Defendant may seek supervisory writs within fifteen (15) days of the date of this decision. The Defendant is not required to file a notice of intent to seek writs, nor must he obtain an order from the trial court setting a return date, as is generally required by Uniform RulesCourts of Appeal, Rule 4-3. We construe the notice of appeal as a timely-filed notice of intent to seek a supervisory writ.

APPEAL DISMISSED. THE DEFENDANT IS PERMITTED TO FILE AN APPLICATION FOR SUPERVISORY WRITS WITHIN FIFTEEN DAYS OF THE DATE OF THIS OPINION.