Summary
In State v. Ritter, 428 So.2d 964 (La.App. 1st Cir. 1983), this court held the defendant did not have a right to appeal his conviction because the crime for which he was charged was not triable by jury.
Summary of this case from Mayor's Ct., Golden Meadow v. WeeksOpinion
No. 82 KA 0802.
February 22, 1983.
APPEAL FROM NINETEENTH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE, STATE OF LOUISIANA, HONORABLE L.J. HYMEL, J.
Ossie Brown, Dist. Atty. by Jeff Calmes, Asst. Dist. Atty., Baton Rouge, for plaintiff-appellee.
M. Glenn Hawkins, Baton Rouge, for defendant-appellant.
Defendant, Lawrence Ritter, Jr., was charged by bill of information with operating a vehicle while intoxicated, R.S. 14:98(A). Defendant pled guilty and after a hearing was sentenced to six months imprisonment in the parish prison. R.S. 14:98(B).
We note that the offense with which defendant was charged is not triable by jury. La. Const. of 1974, art. I, § 17. Defendant does not, therefore, have the right to appeal this conviction. La. Const. 1974, art. V, § 10(A). Defendant's proper remedy is by application for a writ of review. La.C.Cr.P. 912.1(C). Rule 4, Uniform Rules-Courts of Appeal.
APPEAL DISMISSED.