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State v. Carroll

Court of Appeals of Louisiana, Fourth Circuit

January 15, 2020

STATE OF LOUISIANA
v.
TIM S. CARROLL

          APPEAL FROM CRIMINAL DISTRICT COURT ORLEANS PARISH NO. 540-945, SECTION "I" Honorable Karen K. Herman, Judge

          LEON J. CANNIZZARO, JR. DISTRICT ATTORNEY, ORLEANS PARISH SCOTT G. VINCENT ASSISTANT DISTRICT ATTORNEY COUNSEL FOR STATE/APPELLEE

          DAVID S. MOYER DAVID S. MOYER, LLC COUNSEL FOR DEFENDANT/ APPELLANT

          JAMES F. MCKAY III CHIEF JUDGE

         The 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.

         PROCEDURAL HISTORY

         On 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.

         DISCUSSION

         The merits are not germane to the appellant's argument as this Court lacks appellate jurisdiction over the misdemeanor conviction.

         The Louisiana Constitution sets out jurisdiction to the appellate courts in pertinent part as follows:

Except as otherwise provided by this constitution, [1] a 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).

         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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