Opinion
NO. 2013 KW 1133
10-28-2013
CITY OF HAMMOND v. TAYLOR DIXON KEITH
In Re: Taylor Dixon Keith, applying for supervisory writs, Hammond City Court, Parish of Tangipahoa, No. 2026349.
BEFORE: PARRO, GUIDRY AND DRAKE, JJ.
WRIT GRANTED. Relator alleges he was charged in the City Court of Hammond with a state statute violation. However, the copy of the citation and affidavit included in the application and the information this Court has received from the office of the Clerk of Court of the City Court of Hammond indicates the state amended the affidavit to charge relator under Hammond City Ordinance 21:98. Accordingly, review of relator's misdemeanor conviction is not by writ application to this Court but is first by appeal to the district court. See La. R.S. 13:1896; La. Code Crim. P. art. 912.1; State v. Short, 339 So.2d 326 (La. 1976). Moreover, we note that relator filed a notice to seek review eighteen days after his sentence, which was timely as a motion to appeal to the district court. See La. Code Crim. P. arts. 15(A), 912.1, & 914; La. R.S. 13:1896(B). Accordingly, this matter is remanded to the Hammond City Court to reinstate relator's appeal to the district court.
RHP
JMG
EGD
COURT OF APPEAL, FIRST CIRCUIT _________________
DEPUTY CLERK OF COURT
FOR THE COURT