STATE OF LOUISIANA VERSUS ROBERT CHARLES MILLETTE

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STATE OF LOUISIANA NO. 14-KA-76 VERSUS FIFTH CIRCUIT ROBERT CHARLES MILLETTE COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 12-5536, DIVISION "F" HONORABLE MICHAEL P. MENTZ, JUDGE PRESIDING OCTOBER 29, 2014 COURT OF APPEAL FIFTH CIf\CUIT FILED STEPHEN J. WINDHORST JUDGE OCT 292014 r, ('. JJ -J~~J'r:.;/"--- CLERK Cheryl Quirk Lan d rio u Panel composed of Judges Robert A. Chaisson, Robert M. Murphy and Stephen J. Windhorst PAUL D. CONNICK, JR. DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson TERRY M. BOUDREAUX THOMAS J. BUTLER SHWANNAH MCCARTHY ASSISTANT DISTRICT ATTORNEYS 200 Derbigny Street Gretna, Louisiana 70053 COUNSEL FOR PLAINTIFF/APPELLANT ROBERT M. LOUQUE, JR. ATTORNEY AT LAW 700 Camp Street Suite 212 New Orleans, Louisiana 70130 COUNSEL FOR DEFENDANT/APPELLEE APPEAL DISMISSED \W ~!Jf The State has appealed the trial court's granting of defendant's motion to quash defendant's first predicate conviction in the bill of information charging defendant with third offense DWI, La. R.S. 14:98(A) (D). We dismiss this appeal for lack ofjurisdiction. Under La. C.Cr.P. art. 912A, "[O]nly a final judgment or ruling is appealable." A final judgment is one which puts an end to the proceedings. State v. Quinones, 94-436 (La. App. 5 Cir. 11/29/94), 646 So.2d 1216, 1217. Article 912B(1) further provides that the State may appeal "[a] motion to quash an indictment or any count thereof." However, when read and interpreted in reference to subsection A, a ruling on a motion to quash must be a final judgment that puts an end to the proceedings in order to be appealable. State v. Arceneaux, 13-953 (La. App. 5 Cir. 4/23/14), (unpublished). -2­ In this case, we find that the trial court's quashing of one of the predicates does not put an end to the proceedings and, instead simply reduces the grade of the offense from a third offense DWI to a second offense DWI by eliminating the use of that particular conviction. Thus, it is not a final, appealable judgment, and therefore the State's proper avenue to seek review is by an application for writ of review. Arceneaux, supra. See State v. Myles, 04-677 (La. App. 5 Cir. 1/25/05), 894 So.2d 515. Accordingly, we dismiss the present appeal. We reserve to the State the right to file a proper application for supervisory writs, in compliance with V.R.C.A. Rule 4-3, within fifteen days from the date of this decision. Further, we construe the motion for appeal as a notice of intent to seek a supervisory writ so the State is not required to file a notice of intent nor obtain an order setting a return date pursuant to V.R.C.A. Rule 4-3. State v. Donaldson, 13-703 (La. App. 5 Cir. 11/19/13), 130 So.3d 394. 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. UUEBERG 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 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: C ERYU Q.l::ANDRIEU CLERK OF COURT 14-KA-76 E-NOTIFIED TERRY M. BOUDREAUX THOMAS J. BUTLER MAILED ROBERT M. LOUQUE, JR. ATTORNEY AT LAW 700 CAMP STREET SUITE 212 NEW ORLEANS, LA 70130 HON. PAUL D. CONNICK, JR. DISTRICT ATTORNEY SHWANNAH MCCARTHY ASSISTANT DISTRICT ATTORNEY TWENTY-FOURTH JUDICIAL DISTRICT 200 DERBIGNY STREET GRETNA, LA 70053

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