Opinion
No. KA 10-00708.
August 11, 2010.
APPEAL FROM THE THIRTIETH JUDICIAL DISTRICT COURT PARISH OF VERNON, NO. 76325 HONORABLE JOHN C. FORD, DISTRICT JUDGE.
Hon. Asa Allen Skinner, District Attorney, 30th JDC, Leesville, LA, COUNSEL FOR APPELLEE: State of Louisiana.
James Edward Beal, Louisiana Appellate Project, Jonesboro, LA, COUNSEL FOR APPELLANT: Henry D. Gilmore.
On December 2, 2009, the Defendant, Henry D. Gilmore, pled guilty to the offense of disturbing the peace, a violation of La.R.S. 14:103(A)(1). Pursuant to the plea agreement, the trial court sentenced the defendant to thirty days in the Vernon Parish jail. On March 26, 2010, the defendant filed a motion for appeal from the trial court's ruling, and the trial court granted the motion on April 6, 2010.
Thereafter, on June 17, 2010, this court issued a rule to show cause why the appeal should not be dismissed as not appealable. In response, the Defendant submitted a response in which he agreed that the appeal should be dismissed.
The response was due no later than July 7, 2010, but was not submitted until July 8, 2010.
The judgment at issue is not appealable. See La. Code Crim.P. art. 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.