STATE OF LOUISIANA VERSUS FARREL J. HARRINGTON, JR. AKA - FARRELL J. HARINGTON, JR.
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NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT 15-731 STATE OF LOUISIANA VERSUS FARREL J. HARRINGTON, JR. aka FARRELL J. HARRINGTON, JR. ************ APPEAL FROM THE FIFTEENTH JUDICIAL DISTRICT COURT CITY COURT OF KAPLAN, NO. ST-14-048 PARISH OF VERMILION HONORABLE F. STANTON HARDEE, III, JUDGE ************ MARC T. AMY JUDGE ************ Court composed of Jimmie C. Peters, Marc T. Amy, and Billy H. Ezell, Judges. APPEAL DISMISSED. Aimee F. Hebert Assistant District Attorney - 15th JDC 100 N. State Street, Suite 215 Abbeville, Louisiana 70510 COUNSEL FOR APPELLEE: State of Louisiana Ronald W. Melebeck 114 E. Lafayette Street Abbeville, Louisiana 70510 COUNSEL FOR APPELLANT: Farrel J. Harrington, Jr. aka Farrell J. Harrington, Jr. AMY, Judge. On March 19, 2015, Defendant-Appellant, Farrel J. Harrington, Jr. aka Farrell J. Harrington, Jr., was convicted of driving while intoxicated (first offense), a misdemeanor, in violation of La.R.S. 14:98. As a result, Defendant-Appellant was sentenced to serve six months in the parish jail, with all but forty-eight hours suspended and one year of unsupervised probation with the condition that he attends and participates in court approved substance abuse/driver improvement programs. Defendant-Appellant was also ordered to pay a fine of five hundred dollars and court costs. Credit was given for time served. On April 16, 2015, Defendant-Appellant filed a “NOTICE OF INTENT TO SEEK WRIT OF REVIEW AND DESIGNATION OF RECORD” with the trial court. On July 9, 2015, the trial court granted Defendant-Appellant’s notice with a return date of on or before August 9, 2015. On July 31, 2015, this court lodged the appeal in this case. On August 4, 2015, this court issued a rule to show cause why this matter should not be dismissed as non-appealable, since the offense at issue is a misdemeanor. La.Code Crim.P. art. 912.1. On August 17, 2015, Defendant-Appellant filed a “RULE TO SHOW CAUSE BRIEF” with this court. Defendant-Appellant asserts in his brief “he timely filed for a writ of review within thirty days of the conviction. However, due to inadvertence by the Clerk of Court, the notice was lodged as an appeal.” Defendant-Appellant acknowledges and “would agree that an appeal is not the proper remedy, but since he filed the appropriate writ of review, and the return date is September 13, 2015, that he has until that date within which to file his writ.” On September 11, 2015, Defendant-Appellant filed an “APPLICATION FOR WRITS OF REVIEW,” seeking review of the above-referenced conviction. Accordingly, we hereby dismiss Defendant-Appellant’s appeal. APPEAL DISMISSED.
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