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State v. Earl

Court of Appeals of Louisiana, Fourth Circuit

December 5, 2018

STATE OF LOUISIANA
v.
TERRY EARL

          APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 532-510, SECTION "J" Honorable Darryl A. Derbigny, Judge

          Leon Cannizzaro DISTRICT ATTORNEY Donna Andrieu, Chief of Appeals ASSISTANT DISTRICT ATTORNEY PARISH OF ORLEANS COUNSEL FOR APPELLANT/STATE OF LOUISIANA

          JAMES MILLER Orleans Public Defender COUNSEL FOR DEFENDANT/APPELLEE

          Court composed of Judge Terri F. Love, Judge Daniel L. Dysart, Judge Rosemary Ledet

          DANIEL L. DYSART JUDGE.

         The 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.

         FACTS AND PROCEDURAL HISTORY

         The 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.

         DISCUSSION

         The 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.

         La. Const. Art. 5, § 10(A).[1]

         La. 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 ...

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