STATE OF LOUISIANA NO. 25-KA-363 VERSUS FIFTH CIRCUIT IRENE A SIMMONS COURT OF APPEAL STATE OF LOUISIANA

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 24-5917, DIVISION "M" HONORABLE SHAYNA BEEVERS MORVANT, JUDGE PRESIDING

August 27, 2025

SCOTT U. SCHLEGEL JUDGE Panel composed of Judges Jude G. Gravois, Marc E. Johnson, and Scott U. Schlegel

APPEAL DISMISSED; DEFENDANT GRANTED DAYS TO SEEK SUPERVISORY REVIEW SUS JGG MEJ SCHLEGEL, J.

Defendant, Irene A. Simmons, appeals her misdemeanor conviction and sentence for simple battery. For reasons that follow, we dismiss the appeal and allow defendant 30 days to seek supervisory review.

On November 25, 2024, the Jefferson Parish District Attorney’s Office charged defendant, Irene A. Simmons, with aggravated battery (La. R.S. 14:34).

On May 7, 2025, the district attorney amended the charge to a misdemeanor offense of simple battery in violation of La. R.S. 14:35. Following a bench trial on the same day, the trial court convicted defendant of simple battery. Defendant waived sentencing delays, and on May 7, 2025, the trial court imposed a sentence of six months suspended and placed defendant on twelve months active probation.

On May 21, 2025, defendant filed a motion for appeal, which the trial court granted on May 27, 2025.

The record in this matter was lodged on August 14, 2025. Upon review, we find that this Court lacks appellate jurisdiction. Appellate jurisdiction extends only to cases that are triable by a jury. State v. Fink, 20-115 (La. App. 5 Cir. 3/20/20), 293 So.3d 796 (citing La. Const. art. 5 § 10; La. C.Cr.P. article 912.1). The maximum aggregate penalty that may be imposed for the appellant’s charged offense, simply battery, does not exceed six months of imprisonment or a fine of more than one thousand dollars.1 This offense is not triable by jury, and therefore, defendant’s conviction and sentence are only subject to supervisory review under La. C.Cr.P. art. 912.1(C)(1).

Accordingly, we dismiss the appeal and construe defendant’s May 21, 2025 Motion for Appeal as a notice of intent to seek a supervisory writ. We further reserve defendant’s right to seek a supervisory writ in compliance with Uniform

La. R.S. 14:35(B) provides: “Whoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both.”

25-KA-363 1 Rules, Courts of Appeal, Rule 4-3, within thirty days from the date of this Order.

See State v. Robinson, 97-686 (La. App. 5 Cir. 1/14/98), 707 So.2d 81.

APPEAL DISMISSED; DEFENDANT GRANTED DAYS TO SEEK SUPERVISORY REVIEW

25-KA-363 2 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. TRAN 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 JUDGMENT AND CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY AUGUST 27, 2025 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

25-KA-363 E-NOTIFIED 24TH JUDICIAL DISTRICT COURT (CLERK) HONORABLE SHAYNA BEEVERS MORVANT (DISTRICT JUDGE) THOMAS J. BUTLER (APPELLEE) CHAD M. IKERD (APPELLANT) MAILED NO ATTORNEYS WERE MAILED