STATE OF LOUISIANA IN THE INTEREST OF H.N.

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STATE OF LOUISIANA IN THE INTEREST OFH.N. NO. 15-KA-97 FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA ON APPEAL FROM THE JEFFERSON PARISH JUVENILE COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 12-JU-25, DIVISION "C" HONORABLE BARRON C. BURMASTER AND DIVISION "A" HONORABLE ANN MURRY KELLER, JUDGE PRESIDING MARCH 11,2015 COURT OF J\PPF ~ r F IH elf,} . ' /'1' F r f.' l 7 \ r < x.. -' 1 .J i STEPHEN J. WINDHORST JUDGE FILED r I MAR 11 2015 --fl/:;k "l · /' /!l!j;~~,.~:.~--:__ ,,_ Cheryl QUir/( L' , .. l,LfRf( olll'[II/'ll Panel composed of Judges Fredericka Homberg W i c k e r , ' Jude G. Gravois and Stephen 1. Windhorst PAUL D. CONNICK, JR. DISTRICT ATTORNEY TERRY M. BOUDREAUX ASSISTANT DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson 200 DerbignyStreet Gretna, Louisiana 70053 AMANDA L. CALOGERO ASSISTANT DISTRICT ATTORNEY Juvenile Court 1546 Gretna Boulevard Harvey, Louisiana 70058 COUNSEL FOR PLAINTIFF/APPELLEE KATHERINE FRANKS ATTORNEY AT LAW Louisiana Appellate Project P.O. Box 1677 Abita Springs, Louisiana 70420 COUNSEL FOR DEFENDANT/APPELLANT APPEAL DISMISSED Defendant, H.N., appeals his misdemeanor adjudications for simple criminal damage to property in an amount under $500 and theft valued at under $500, and the denial of his "Motion to Correct Illegal Disposition." For the following reasons, we find that defendant's appeal is not properly before this Court, and accordingly dismiss this appeal. Appellate jurisdiction over criminal cases 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 a jury." Id. (citing La. Const. Art. I § 17; La. C.Cr.P. art. 779). On April 30, 2014, defendant entered an admission that he committed simple criminal damage to property and theft on March 17, 2014. Defendant was sentenced on May 13, 2014. La. R.S. 14:56B(1) states, "Whoever commits the -2 crime of simple criminal damage to property where the damage is less than five hundred dollars shall be fined not more than one thousand dollars or imprisoned for not more than six months, or both." When the offense was committed, La. R.S. 14:67B(3) provided in pertinent part, "When the misappropriation or taking amounts to less than a value of five hundred dollars, the offender shall be imprisoned from not more than six months, or may be fined not more than one thousand dollars, or both." Because defendant was adjudicated for two misdemeanor offenses not triable by jury, this judgment is not an appealable judgment. See La. C.Cr.P. art. 779B; State v. Flowers, 11-376 (La. App. 5 Cir. 12/13/11), 81 So.3d 910. Pursuant to La. C.Cr.P. art. 912.1C(1), an application for a writ of review is the proper mechanism for seeking judicial review of an adjudication on an offense not triable by jury. See Flowers, supra; La. Const. Art. v § 10. To the extent defendant is seeking review of the revocation of his probation, the revocation of a defendant's probation is also subject to review in the appellate court by an application for supervisory writ. Accordingly, we dismiss this appeal and reserve defendant's right to file a proper application for supervisory writ, in compliance with V.R.C.A. 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 V.R.C.A. 4-3. APPEAL DISMISSED -3 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON ROBERT M. MURPHY STEPHEN J. WINDHORST HANS J. LIUEBERG JUDGES CHIEF DEPUTY CLERK SUSAN BUCHHOLZ FIRST DEPUTY CLERK FIFTH CIRCUIT MELISSA 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 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 MARCH 11. 2015 TO THE TRIAL ruDGE, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: c~ C~ CLERK OF COURT 15-KA-97 E-NOTIFIED TERRY M. BOUDREAUX MAILED HON. PAUL D. CONNICK, JR. DISTRICT ATTORNEY TWENTY-FOURTH JUDICIAL DISTRICT 200 DERBIGNY STREET GRETNA, LA 70053 AMANDA L. CALOGERO ASSISTANT DISTRICT ATTORNEY JUVENILE COURT 1546 GRETNA BOULEVARD HARVEY, LA 70058 KATHERINE M. FRANKS ATTORNEY AT LAW LOUISIANA APPELLATE PROJECT P. O. BOX 1677 ABITA SPRINGS, LA 70420

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