Opinion
No. 85-K-1198.
September 27, 1985.
In re Ballansaw, Neal; Applying for Supervisory writ; to the Court of Appeal, Fourth Circuit, Number KA-3392; Parish of Orleans Criminal District Court Div. "C" Number 300-597; Municipal Court Div. "C", Number 278-899.
After his conviction in municipal court was affirmed by the criminal district court, defendant appealed to the court of appeal, which dismissed on the basis of lack of jurisdiction. The appropriate procedure for the court of appeal under such circumstances is to treat the appeal as an application for supervisory writs and to rule on the merits of the application. Accordingly, the application is granted, and the case is remanded to the court of appeal to consider relator's appeal as an application for supervisory writs.