FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 532-510,
SECTION "J" Honorable Darryl A. Derbigny, Judge
Cannizzaro DISTRICT ATTORNEY Donna Andrieu, Chief of Appeals
ASSISTANT DISTRICT ATTORNEY PARISH OF ORLEANS COUNSEL FOR
APPELLANT/STATE OF LOUISIANA
MILLER Orleans Public Defender COUNSEL FOR DEFENDANT/APPELLEE
composed of Judge Terri F. Love, Judge Daniel L. Dysart,
Judge Rosemary Ledet
L. DYSART JUDGE.
State of Louisiana (the "State") appeals a district
court judgment granting a motion to quash in favor of
defendant, Terry Earl. For the reasons set more fully herein,
this Court lacks jurisdiction over this appeal. We,
therefore, dismiss this appeal without prejudice and transfer
this matter to the Appellate Division of the Criminal
District Court for the Parish of Orleans.
AND PROCEDURAL HISTORY
defendant, Terry Earl, was charged by bill of information
dated February 7, 2017 on two counts. Count one of the bill
of information charged Ms. Earl with simple criminal damage
to two tires belonging to Vincent Earl, with the damage
amounting to less than five hundred dollars. Ms. Earl entered
a plea of not guilty and, on August 15, 2018, she filed a
motion to quash count one of the bill of information. The
district court granted the motion on September 24, 2018. The
State appealed this ruling on October 11, 2018.
Louisiana Constitution confers jurisdiction to the appellate
courts as follows:
Except as otherwise provided by this constitution, a court of
appeal has appellate jurisdiction of.... (3) all criminal
cases triable by a jury, except as provided in Section 5,
Paragraph (D)(2) of this Article.
Const. Art. 5, § 10(A).
C.Cr. P. art 779 provides:
A. A defendant charged with a misdemeanor in which the
punishment, as set forth in the statute defining the offense,
may be a fine in excess of one thousand dollars or
imprisonment for more than six months shall be tried by a
jury of ...