STATE OF LOUISIANA VERSUS CALVIN KING

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STATE OF LOUISIANA NO. 14-KA-389 VERSUS FIFTH CIRCUIT CALVIN KING COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 11-690, DIVISION "G" HONORABLE ROBERT A. PITRE, JR., JUDGE PRESIDING . ~ COlTR 'I' 0 I-I I'\.. PP I,' '\ I ~ l.) J December 16, 2014 FIF 'I' H r' r. \<.. . . '-/.: f",,. ",' / , '"i '" '" t FILED DEC 162014 MARC E. JOHNSON JUDGE Cheryl Quirk L'l,,:,"ll Panel composed of Judges Marc E. Johnson, Robert A. Chaisson, and Hans J. Liljeberg PAUL D. CONNICK, JR. DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson TERRY M. BOUDREAUX MATTHEW CAPLAN ASSISTANT DISTRICT ATTORNEYS 200 Derbigny Street Gretna, Louisiana 70053 COUNSEL FOR PLAINTIFF/APPELLANT JAMES A. WILLIAMS ROGER W. JORDAN, JR. ATTORNEYS AT LAW 706 Derbigny Street Gretna, Louisiana 70053 COUNSEL FOR DEFENDANT/APPELLEE APPEAL DISMISSED fj\C ~ The State appeals the granting of Defendant's motion for new trial. For the reasons that follow, we dismiss this appeal, but grant the State 30 days from the date of this opinion within which to file a writ application to this Court seeking review of the trial court's ruling granting a new trial under this Court's supervisory jurisdiction. On February 1,2013, Defendant, Calvin King, was convicted of second degree murder and armed robbery by a 12-person jury. He subsequently filed a motion for new trial, which was granted by the trial court on September 13,2013. Within 30 days, the State filed a motion for appeal, which was granted. Only a final judgment or ruling is appealable by either the state or the defendant. La. C.Cr.P. art. 912. Article 912 sets forth certain preliminary matters that are appealable by the state. The list is non-exclusive if the basic test of finality is satisfied. See La. C.Cr.P. art. 912 Official Comment (a). A final judgment is -2­ one that puts an end to the proceedings. State v. Quinones, 94-436 (La. App. 5 Cir. 11/29/94); 646 So.2d 1216,1217. The granting ofa new trial did not put an end to the proceedings and, therefore, is not appealable. I The appropriate avenue of review of a ruling granting a new trial is by way of a supervisory writ application. In the past, this Court has converted improperly filed appeals into applications for supervisory writs. See State v. Arceneaux, 13­ 953 (La. App. 5 Cir. 4/23/14); 140 So.3d 304,306. However, on May 23,2014, this Court, at an en bane meeting, adopted a policy to discontinue converting jurisdictionally defective appeals into writ applications. Accordingly, we dismiss this appeal. However, we grant the State 30 days from the date of this opinion within which to file a writ application to this Court seeking review of the granting of a new trial. APPEAL DISMISSED I In its motion for appeal and appellate briefto this Court, the State explains that it sought review ofthe trial court's ruling through an appeal as opposed to a writ based on this Court action in State v. McKinnies, 12-192 (La. 3/22/12) (unpublished writ disposition). In McKinnies, a panel of this court, without explanation, granted the State's writ from the granting of a new trial for the limited purpose of remanding the matter and instructing the trial court to consider the State's Notice of Intent to Seek Review as a Motion for Appeal. Under the guidelines of La. C.Cr.P. art. 912, we decline to follow the procedural directive in McKinnies. See also, State v. Craig, 11-348 (La. App. 5 Cir. 10/27/11) (unpublished writ disposition), and State v. Miller, 04-682 (La. App. 5 Cir. 3/10/05) (unpublished writ disposition), wherein this Court reviewed the granting of a motion for new trial through a supervisory writ application. -3­ SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. ULJEBERG JUDGES MARY E. LEGNON CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT 101 DERBIGNY STREET (70053) MEUSSA C. LEDET 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 !:..ERTIFICATE 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 2-20 THIS DAY DECEMBER 16.2014 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BEWW: ~ C R · Q. I:ANDRIEU CLERK OF COURT 14-KA-389 E-NOTIFIED TERRY M. BOUDREAUX MATTHEW CAPLAN MAILED JAMES A. WILLIAMS ROGER W. JORDAN, JR. ATTORNEYS AT LAW 706 DERBIGNY STREET GRETNA, LA 70053 HON. PAUL D. CONNICK, JR. DISTRICT ATTORNEY TWENTY-FOURTH JUDICIAL DISTRICT 200 DERBIGNY STREET GRETNA, LA 70053

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