March 11, 2015
STATE OF LOUISIANA IN THE INTEREST OF H.N
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.
CONNICK, JR., DISTRICT ATTORNEY, TERRY M. BOUDREAUX,
ASSISTANT DISTRICT ATTORNEY, Twenty-Fourth Judicial District,
Parish of Jefferson, Gretna, Louisiana; AMANDA L. CALOGERO,
ASSISTANT DISTRICT ATTORNEY, Juvenile Court, Harvey,
Louisiana, COUNSEL FOR PLAINTIFF/APPELLEE.
FRANKS, ATTORNEY AT LAW, Louisiana Appellate Project, Abita
Springs, Louisiana, COUNSEL FOR DEFENDANT/APPELLANT.
composed of Judges Fredericka Homberg Wicker, Jude G. Gravois
and Stephen J. Windhorst.
J. WINDHORST, J.
La.App. 5 Cir. 2] 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.
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).
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 [15-97
La.App. 5 Cir. 3] 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.
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.
we dismiss this appeal and reserve defendant's right to
file a proper application for supervisory writ, in compliance
with U.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 U.R.C.A.