STATE OF LOUISIANA NO. 24-KH-357 VERSUS FIFTH CIRCUIT JOHN D. MARTIN III COURT OF APPEAL STATE OF LOUISIANA

August 26, 2024 Linda Wiseman First Deputy Clerk

IN RE JOHN D. MARTIN III APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CONNIE M. AUCOIN, DIVISION "C", NUMBER 22,159

Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Scott U. Schlegel

WRIT DENIED On August 7, 2024, relator, John D. Martin III, filed a “Motion to Appeal”, which refers to a judgment of December 8, 2023. A review of the record indicates that a judge trial was held on December 4, 2023, and that relator was found guilty of domestic abuse battery by strangulation (La. R.S.

14:35.3(L)), and possession of a firearm by a convicted felon (La. R.S.

14:95.1). He was sentenced on December 18, 2023.

Relator attaches as Exhibit B, an order of April 2, 2024, which denied his Motion to Correct Illegal Sentence. However, it appears that relator is actually seeking an appeal of his conviction and sentence. Further, any appeal from the December 18, 2023 judgment would be considered an out- of-time appeal.

This court is not the correct place to file an initial appeal because appellate courts only review issues that were first submitted to the trial court.

See Uniform Rules–Courts of Appeal, Rule 1-3. Relator must first seek relief from the trial court by filing an application for post-conviction relief requesting an out-of-time appeal in accordance with La. C.Cr.P. art. 926(D), which provides: The petitioner shall use the uniform application for post conviction relief approved by the Supreme Court of Louisiana. If the petitioner fails to use the uniform application, the court may provide the petitioner with the uniform application and require its use.

Accordingly, on the showing made, the writ application is denied.

Gretna, Louisiana, this 26th day of August, 2024.

SUS FHW MEJ SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/26/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-KH-357 E-NOTIFIED 29th Judicial District Court (Clerk) Honorable Connie M. Aucoin (DISTRICT JUDGE) No Attorney(s) were ENOTIFIED MAILED John D. Martin III #320411 (Relator) Hon. Joel T. Chaisson, II (Respondent) Beauregard Parish Transitional Work District Attorney Program Twenty-Ninth Judicial District Court 14925 Highway 27 Post Office Box 680 DeQuincy, LA 70633 Hahnville, LA 70057