FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 540-945,
SECTION "I" Honorable Karen K. Herman, Judge
J. CANNIZZARO, JR. DISTRICT ATTORNEY, ORLEANS PARISH SCOTT G.
VINCENT ASSISTANT DISTRICT ATTORNEY COUNSEL FOR
S. MOYER DAVID S. MOYER, LLC COUNSEL FOR DEFENDANT/ APPELLANT
F. MCKAY III CHIEF JUDGE
appellant appeals the ruling of the district court ordering
him to pay restitution. Finding that this Court lacks
appellate jurisdiction over the misdemeanor conviction we
exercise our supervisory jurisdiction for the limited purpose
of transferring the matter to the Appellate Division of the
Orleans Parish Criminal District Court.
November 16, 2018, the appellant entered a no contest plea to
a reduced charge of misdemeanor theft. See R.S. 14:64(B)(4).
R., p. 1; p. 42 (Misdemeanor Constitutional Waiver of Rights
form). The district court conducted restitution/sentencing
hearings on January 23, 2019 and February 9, 2019 and
sentenced the appellant to a deferred term of six months'
imprisonment and ordered that he pay restitution in the
amount of $7, 460.00 within two years. On March 12, 2019, the
appellant filed a "motion to appeal sentence." The
docket master reflects that the district court granted a
notice of appeal on March 27, 2019, and the record was lodged
in this Court on October 23, 2019. The appellant's sole
claim is that the district court lacked the authority to
impose the term of restitution.
merits are not germane to the appellant's argument as
this Court lacks appellate jurisdiction over the misdemeanor
Louisiana Constitution sets out jurisdiction to the appellate
courts in pertinent part as follows:
Except as otherwise provided by this constitution,
court of appeal has appellate jurisdiction of . . . (3) all
criminal cases triable by a jury . . . . It has supervisory
jurisdiction of cases which arise within it circuit.
La. Const. art. V, § 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 ...