STATE OF LOUISIANA VERSUS BAMELA KOUSSANTA

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STATE OF LOUISIANA NO. 14-KA-758 VERSUS FIFTH CIRCUIT BAMELA KOUSSANTA COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 12-3544, DIVISION "H" HONORABLE GLENN B. ANSARDI, JUDGE PRESIDING OCTOBER 29,2014 COURT OF APPEAL FIFTH CII~CUIT FILED ROBERT M. MURPHY JUDGE OCT 292014 (ll_ (l"L ,-I, . -V~-Yf/;L,#-~- CLERK Cheryl Quirk L<llldriou Panel composed of Judges Susan M. Chehardy, Robert M. Murphy, and Stephen J. Windhorst PAUL D. CONNICK, JR. DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson TERRY M. BOUDREAUX ASSISTANT DISTRICT ATTORNEY 200 Derbigny Street Gretna, Louisiana 70053 COUNSEL FOR PLAINTIFF/APPELLEE ROLAND A. DITTA ATTORNEY AT LAW 320 Huey P. Long Avenue Gretna, LA 70053 COUNSEL FOR DEFENDANT/APPELLANT APPEAL DISMISSED ~rAvv1 ~ ~ Defendant, Bamela Koussanta, appeals his convictions for two counts of the U misdemeanor offense of simple battery in violation of La. R.S. 14:35. Because defendant seeks review of his misdemeanor convictions for a crime not triable by jury, we dismiss this appeal for lack ofjurisdiction. Appellate jurisdiction extends only to cases that are triable by a jury. State v. Lyons, 13-180, 13-181, 13-182, 13-183, 13-184, 13-185, 13-186 (La. App. 5 Cir. 10/9/13), 128 So.3d 407, 411 (citing La. Const. Art. 5 § 10; La. C.Cr. P. art. 912.1). "Unless the punishment that may be imposed exceeds six months imprisonment, a misdemeanor is not triable by ajury." Id. (citing La. Const. Art. 1 § 17; La. C.Cr.P. art. 779). Here, defendant was found guilty of simple battery, in violation of La. R.S. 14:35. La. R.S. 14:35(B) provides that, "[w]hoever commits a simple battery shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both." Because defendant was found guilty of a misdemeanor offense not triable by jury, this judgment is not an appealable judgment. See La.C.Cr.P. art. 779(8); State v. Flowers, 11-376 (La. App. 5 Cir. 12/13/11), 81 So.3d 910. -2­ Under La.C.Cr.P. art. 912.1(C)(l), an application for a writ of review is the proper mechanism for seeking judicial review of a conviction on an offense not triable by jury, such as simple battery. See Flowers, supra; La. Const. Art. 5 § 10. CONCLUSION Accordingly, we dismiss the present appeal. We reserve, however, defendant'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 opinion. Further, we hereby construe defendant's notice of appeal as a notice of intent to seek a supervisory writ, so defendant is not required to file a notice of intent or to obtain an order setting a return date pursuant to U.R.C.A. Rule 4-3. APPEAL DISMISSED -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 MEUSSA C. LEDET 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 NQTICE QF 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 2-20 THIS DAY OCTOBER 29.2014 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: ~~ \. CERYUQ;B\NDIUEU CLERK OF COURT 14-KA-758 E-NOTIFIED TERRY M. BOUDREAUX MAILED ROLAND A. DITTA ATTORNEY AT LAW 320 HUEY P. LONG AVENUE GRETNA, LA 70053

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