130 So. 3d 394
La. Ct. App.2013Background
- State challenged trial court’s grant of a motion to quash the bill of information in a misdemeanor not triable by jury.
- The charged offense was first offense operating a vehicle while intoxicated, La. R.S. 14:981, not triable by jury.
- Louisiana appellate jurisdiction is limited to criminal cases triable by a jury; non-jury offenses are not appealable.
- Proper mechanism for review of a conviction on a non-jury offense is a writ of review under La. C.Cr.P. 912.1(C)(1).
- Court declines to convert the matter to a supervisory writ, adhering to constitutional jurisdictional limits, and dismisses the appeal.
- State is reserved to file a proper supervisory writ within thirty days; motion for appeal construed as notice of intent to seek supervisory writ.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the quashal of a non-jury misdemeanor is appealable | State seeks appellate review of quashal | Case not appealable because offense not triable by jury | Appeal dismissed for lack of jurisdiction |
| Proper vehicle for review of non-jury offenses | Writ of review not clearly required; appeal may suffice | Writ of review under C.Cr.P. 912.1(C)(1) required | Application for writ of review is proper mechanism |
| Whether to convert improper appeals to supervisory writs | Conversion is permissible in some panels | Conversion should be the exception, not the rule | Court declines conversion; dismisses appeal but preserves right to seek supervisory writ |
Key Cases Cited
- State v. Tate, 33 So.3d 292 (La.App. 5 Cir. 2010) (conversion to supervisory writs discussed in context of jurisdiction)
- State v. Suthon, 746 So.2d 240 (La.App. 5 Cir. 1999) (addressing appeal versus supervisory writ conversion)
- Macon v. Costa, 437 So.2d 806 (La.1983) (constitutional supremacy and limits on legislative acts)