Opinion
13-1108
10-30-2013
STATE OF LOUISIANA v. HARRY P. CARMOUCHE
Charles A. Riddle, III District Attorney COUNSEL FOR APPELLEE: State of Louisiana Roshell Jones COUNSEL FOR APPELLANT: Harry P. Carmouche
NOT DESIGNATED FOR PUBLICATION
APPEAL FROM THE
TWELFTH JUDICIAL DISTRICT COURT
PARISH OF AVOYELLES, NO. 173,708
HONORABLE RONALD COX, DISTRICT JUDGE
JOHN D. SAUNDERS
JUDGE
Court composed of John D. Saunders, Billy H. Ezell, and Phyllis M. Keaty,
Judges.
APPEAL DISMISSED. DEFENDANT-APPELLANT IS
PERMITTED TO FILE AN APPLICATION FOR
SUPERVISORY WRITS WITHIN FIFTEEN DAYS FROM
THE DATE OF THIS DECISION.
Charles A. Riddle, III
District Attorney
COUNSEL FOR APPELLEE:
State of Louisiana
Roshell Jones
COUNSEL FOR APPELLANT:
Harry P. Carmouche
Saunders, Judge.
Defendant-Appellant, Harry P. Carmouche, was convicted of three counts of cruelty to animals, a misdemeanor, on June 27, 2013. On the same date, he was sentenced to six months in the parish jail on each count, with six months suspended and two years of probation, and restitution of $500.00 for each of the five dogs. On July 9, 2013, counsel for Defendant filed a "Motion for Appeal, Return Date, and Designation of the Record." The trial court granted the motion for appeal on July 16, 2013.
On September 27, 2013, this court lodged the appeal record in this case. On October 1, 2013, this court issued a rule to show cause why this matter should not be dismissed as the judgment at issue is not an appealable judgment.
On October 9, 2013, Defense counsel responded, acknowledging that the judgment is non-appealable but is requesting that the appeal be remanded back to the trial court and that he be permitted to file an application for supervisory writs. Accordingly, the appeal in this case is hereby dismissed. Defendant-Appellant is hereby permitted to file a proper application for supervisory writs, in compliance with Uniform Rules—Courts of Appeal, Rule 4, no later than fifteen days from the date of this decision. Defendant is not required to file a notice of intent to seek writs nor obtain an order setting a return date pursuant to Uniform Rules—Courts of Appeal, Rule 4-3, as we hereby construe the motion for appeal as a timely-filed notice of intent to seek a supervisory writ.