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State v. King

Court of Appeals of Louisiana, Fifth Circuit

December 16, 2014

STATE OF LOUISIANA
v.
CALVIN KING

ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO. 11-690, DIVISIONS" HONORABLE ROBERT A. PITRE, JR., JUDGE PRESIDING

PAUL D. CONNICK, JR. DISTRICT ATTORNEY Twenty-Fourth Judicial District Parish of Jefferson

TERRY M. BOUDREAUX MATTHEW CAPLAN ASSISTANT DISTRICT ATTORNEYS COUNSEL FOR PLAINTIFF/APPELLANT

JAMES A. WILLIAMS ROGER W. JORDAN, JR. ATTORNEYS AT LAW COUNSEL FOR DEFENDANT/APPELLEE

Panel composed of Judges Marc E. Johnson, Robert A. Chaisson, and Hans J. Liljeberg

MARC E. JOHNSON JUDGE

The State appeals the granting of Defendant's motion for new trial. For the reasons that follow, we dismiss this appeal, but grant the State 30 days from the date of this opinion within which to file a writ application to this Court seeking review of the trial court's ruling granting a new trial under this Court's supervisory jurisdiction.

On February 1, 2013, Defendant, Calvin King, was convicted of second degree murder and armed robbery by a 12-person jury. He subsequently filed a motion for new trial, which was granted by the trial court on September 13, 2013. Within 30 days, the State filed a motion for appeal, which was granted.

Only a final judgment or ruling is appealable by either the state or the defendant. La. C.Cr.P. art. 912. Article 912 sets forth certain preliminary matters that are appealable by the state. The list is non-exclusive if the basic test of finality is satisfied. See La. C.Cr.P. art. 912 Official Comment (a). A final judgment is one that puts an end to the proceedings. State v. Quinones, 94-436 (La.App. 5 Cir. 11/29/94); 646 So.2d 1216, 1217. The granting of a new trial did not put an end to the proceedings and, therefore, is not appealable.[1]

The appropriate avenue of review of a ruling granting a new trial is by way of a supervisory writ application. In the past, this Court has converted improperly filed appeals into applications for supervisory writs. See State v. Arceneaux, 13-953 (La.App. 5 Cir. 4/23/14); 140 So.3d 304, 306. However, on May 23, 2014, this Court, at an en banc meeting, adopted a policy to discontinue converting jurisdictionally defective appeals into writ applications.

Accordingly, we dismiss this appeal. However, we grant the State 30 days from the date of this opinion within which to file a writ application to this Court seeking review of the granting of a new trial.

APPEAL DISMISSED


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