STATE OF LOUISIANA VERSUS J. NORRIS CARTER
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT KA09-1386 STATE OF LOUISIANA VERSUS J. NORRIS CARTER ********** APPEAL FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 24198-09 HONORABLE DENNIS WALDRON-AD HOC ********** JIMMIE C. PETERS JUDGE ********** Court composed of Oswald A. Decuir, Jimmie C. Peters, and J. David Painter, Judges. APPEAL DISMISSED. Hon. Kurt Wall Assistant Attorney General P. O. Box 94005 Baton Rouge, LA 70804 (225) 326-6281 COUNSEL FOR APPELLEE: State of Louisiana Ms. Annette Roach Attorney at Law P. O. Box 1747 Lake Charles, LA 70602 (337) 436-2900 COUNSEL FOR APPELLANT: J. Norris Carter Peters, Judge. The Defendant, J. Norris Carter, was charged by a single bill of information with simple battery and simple criminal damage to property. After a bench trial, he was convicted of the charged offenses. For each offense, he was sentenced to serve six months in the Calcasieu Parish Prison, to run concurrently with each other, but consecutively to other sentences imposed in docket number 20243-08. On July 21, 2009, the day prior to sentencing, the Defendant filed a Notice of Appeal, which was granted on July 27, 2009. Subsequent to lodging of the appeal, this court issued a rule to show cause why the appeal should not be dismissed as the judgment at issue is not an appealable judgment. In a response filed on December 7, 2009, counsel agreed that the proper mode of review is by writ of review, and she noted that a writ of review is pending in this court under docket number KW09-1250. The judgment at issue is not appealable. La.Code Crim.P. art. 912.1(B). Accordingly, we hereby dismiss the Defendant s appeal. APPEAL DISMISSED.
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