Opinion
No. 10-01527.
February 16, 2011.
APPEAL FROM THE ALEXANDRIA CITY COURT PARISH OF RAPIDES, NO. A106339 HONORABLE RICHARD ERIC STARLING, JR., JUDGE.
Monique Yvette Metoyer, City Attorney, Alexandria, LA, COUNSEL FOR APPELLEE: City of Alexandria.
David Michael Williams, Attorney at Law, Alexandria, LA, COUNSEL FOR APPELLANT: Jewel Vaughn, III.
Court composed of OSWALD A. DECUIR, JIMMIE C. PETERS, and BILLY H. EZELL, Judges.
On October 26, 2010, the Defendant, Jewel Vaughn, III, was found guilty of the offense of domestic abuse battery, a violation of La.R.S. 14:35.3. The trial court sentenced the Defendant to thirty days in the Rapides Parish jail, suspended, with supervised probation for six months. On November 3, 2010, the Defendant filed a notice of intent to appeal from the trial court's ruling, and the trial court granted the motion on that date.
Although the Defendant identified himself as "Jewel Vaughn the third" at trial, the bill of information shows his last name as "Vaugh."
Thereafter, on December 22, 2010, this court issued a rule to show cause why the appeal should not be dismissed as the judgment at issue is not appealable. The Defendant submitted no response.
The judgment at issue is not appealable. See La. Code Crim.P. arts. 779 and 912.1. Accordingly, we hereby dismiss the Defendant's appeal. However, the Defendant may seek supervisory writs from the trial court's ruling. The Defendant is neither required to file notice of intent to seek writs nor obtain an order from the trial court setting a return date, as is generally required by Uniform Rules — Courts of Appeal, Rule 4-3. We construe the motion for appeal as timely-filed notice of intent to seek a supervisory writ.