Opinion
No. KA 87 1609.
December 22, 1987.
APPEAL FROM ST. TAMMANY, STATE OF LOUISIANA.
Walter P. Reed, Dist. Atty., Covington, William R. Campbell, New Orleans, for State.
Rykert O. Toledano, Jr., Covington, for defendant and appellant.
Before COVINGTON, SAVOIE and LeBLANC, JJ.
APPEAL DISMISSED: This matter was not triable by jury and, therefore, is not appealable. See La. Const. Art. I, § 17, and Art. V, § 10(A)(3); La.R.S. 14:98 and 32:57 and 79; La.C.Cr.P. arts. 493.1 and 779. Since this "appeal" does not comply with Rule 4, Uniform Rules — Courts of Appeal, it will not be considered as an application for writ of review. See State v. Clause, 486 So.2d 1206 at fn. 2(La.App. 1st Cir. 1986). Defendant may file an application for writ of review in compliance with Rule 4.