STATE OF LOUISIANA VERSUS DARWIN BUSTILLO
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.. STATE OF LOUISIANA2012FEB 14 Al'~ll:59 NO. ll-KA-775 VERSUS FIFTH CIRCUIT DARWIN BUSTILLO COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 07-1161, DIVISION "M" HONORABLE HENRY G. SULLIVAN, JR., JUDGE PRESIDING February 14,2012 SUSAN M. CHEHARDY JUDGE Panel composed of Judges Susan M. Chehardy, Walter J. Rothschild, and Fredericka Homberg Wicker PAUL D. CONNICK, JR. DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson TERRY M. BOUDREAUX - APPELLATE COUNSEL MICHAEL SMITH - TRIAL COUNSEL ASSISTANT DISTRICT ATTORNEYS 200 Derbigny Street Gretna, Louisiana 70053 COUNSEL FOR APPELLEE, STATE OF LOUISIANA GREGORYC.BACHAUD Attorney at Law 401 Huey P. Long Avenue Gretna, Louisiana 70053 COUNSEL FOR APPELLANT, DARWIN BUNTILLO APPEAL DISMISSED Defendant, Darwin Bustillo, appeals the trial court's denial of his motion to set aside his misdemeanor convictions. Because this ruling is not reviewable under our appellate jurisdiction, we dismiss this appeal. In this case, defendant pled guilty to two misdemeanor counts on May 3, 2007. After defendant waived sentencing delays, the trial court deferred imposition of sentence on either count pursuant to La. C.Cr.P. art 894, and placed defendant on inactive probation for one year. On March 3, 2011, defendant filed a motion to set aside his convictions. On March 24, 2011, after a hearing, the trial judge denied defendant's motion. On appeal, defendant seeks review of that ruling. In criminal matters, the appellate jurisdiction of this Court extends to judgments in those cases that are triable by a jury. La. Const. of 1974, art. V, § 10; La. C.Cr.P. art. 912.1(B)(1). "In all other cases not otherwise provided by law, the defendant has the right ofjudicial review by application to the court of appeal for a writ of review." La. C.Cr.P. art. 912.1(C)(I). This matter falls into the category of "other cases not otherwise provided by law." -2 Accordingly, we dismiss the present appeal. State v. Suthon, 99-661 (La.App. 5 Cir. 10/29/99), 746 So.2d 240,242. We reserve, however, Mr. Bustillo's right to file a proper application for supervisory writs, in compliance with U.R.C.A. 4-3, within thirty days from the date of this decision. Further, we hereby construe the motion for appeal as a notice of intent to seek a supervisory writ so Mr. Bustillo 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. APPEAL DISMISSED. -3 MARION F. EDWARDS PETER J. FITZGERALD, JR. CHIEF JUDGE CLERK OF COURT GENEVIEVE L. VERRETTE SUSAN M. CHEHARDY CLARENCE E. McMANUS WALTER J. ROTHSCHILD FREDERICKA H. WICKER JUDE GoiGRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON JUDGES CHIEF DEPUTY CLERK MARY E. LEGNON FIRST DEPUTY CLERK FIFTH CIRCUIT 101 DERBIGNY STREET (70053) TROY A. BROUSSARD DIREcrOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org (504) 376-1400 (504) 376-1498 FAX NOTICE OF JUDGMENT AND CERTIFICATE OF MAILING I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN MAILED ON OR DELIVERED THIS DAY FEBRUARY 14.2012 TO THE TRIAL JUDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: ll-KA-775 PAUL D. CONNICK, JR. DISTRICT ATTORNEY TERRY M. BOUDREAUX MICHAEL SMITH ASSISTANT DISTRICT ATTORNEYS PARISH OF JEFFERSON 200 DERBIGNY STREET GRETNA, LA 70053 GREGORY C. BACHAUD STEPHEN J. HORNYAK ATTORNEYS AT LAW 401 HUEY P. LONG AVENUE GRETNA, LA 70053
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