81 So. 3d 910
La. Ct. App.2011Background
- Flowers was convicted by bench trial of simple battery, after originally being charged with aggravated battery (felony triable by jury).
- The simple battery offense is a misdemeanor not eligible for jury trial under La.C.Cr.P. art. 779(B).
- Because the verdict was for an offense not triable by jury, the judgment is not appealable under Louisiana law.
- Article 912.1(C)(1) provides that review via a writ of review is the proper mechanism for non-jury-triable convictions.
- The court declines to convert the appeal into a supervisory writ and dismisses the appeal, reserving Flowers’s right to seek supervisory writs within 30 days.
- The motion for appeal is construed as a notice of intent to seek a supervisory writ to comply with Rule 4-3.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellate jurisdiction extends to a conviction not triable by jury | Flowers argues appeal jurisdiction applies | Court should convert to supervisory writ | Appeal dismissed; jurisdiction lacking; writ review required |
Key Cases Cited
- State v. Tate, 38 So.3d 292 (La.App. 5 Cir. 2010) (conversion to supervisory writ questioned; not adopted here)
- State v. Suthon, 746 So.2d 240 (La.App. 5 Cir. 1999) (precedent for supervisory writ approach on improper appeals)
- State v. Fleming, 820 So.2d 1112 (La.App. 5 Cir. 2002) (policy against converting improper appeals to writs)
- State v. Chess, 762 So.2d 1286 (La.App. 5 Cir. 2000) (conversion rarely appropriate)
- State v. Robinson, 707 So.2d 81 (La.App. 5 Cir. 1998) (historical stance on appellate jurisdiction)
- State v. Trepagnier, 982 So.2d 185 (La.App. 5 Cir. 2008) (illustrates limited circumstances for conversion)
- Macon v. Costa, 437 So.2d 806 (La.1983) (constitutional supremacy guiding jurisdiction)