Opinion
24-241
07-17-2024
STATE OF LOUISIANA v. JONAHVIN D'MON LANDRY
Honorable Stephen C. Dwight Fourteenth Judicial District Attorney COUNSEL FOR APPELLEE: State of Louisiana Jonahvin D'mon Landry - DOC #743455 Tensas Parish Detention Center COUNSEL FOR APPELLANT: Defendant
This opinion is NOT DESIGNATED FOR PUBLICATION. Uniform Rules-Courts of Appeal, Rule 2-16.3.
APPEAL FROM THE 14TH JUDICIAL DISTRICT COURT PARISH OF CALCASIEU, NO. 18699-18 HONORABLE G. MICHAEL CANADAY, JUDGE
Honorable Stephen C. Dwight Fourteenth Judicial District Attorney COUNSEL FOR APPELLEE: State of Louisiana
Jonahvin D'mon Landry - DOC #743455 Tensas Parish Detention Center COUNSEL FOR APPELLANT: Defendant
Court composed of Shannon J. Gremillion, Van H. Kyzar, and Gary J. Ortego, Judges.
SHANNON J. GREMILLION, JUDGE
Defendant, Jonahvin D'mon Landry, pled guilty to home invasion, a violation of La.R.S. 14:62.8, and two counts of second degree battery, a violation of La.R.S. 14:34.1 on April 22, 2019. On the home invasion conviction, Defendant was ordered to serve fifteen years with credit for time served, ten years suspended, and three years' supervised probation upon release to probation. On each count of second degree battery, Defendant was ordered to serve five years, concurrent to the five years on the home invasion conviction.
Defendant's probation was revoked by the trial court on February 8, 2023, and the original sentence was imposed.
On April 4, 2023, Defendant filed a "Memorandum in Support of Post Conviction Relief." An Order was signed on June 15, 2023, denying relief.
On July 31, 2023, Defendant filed a "Notice of Appeal and Request for Transcripts." An Order signed on October 10, 2023, stated, "Petitioner could file his appeal with the clerk of court for the Third Circuit Court of Appeal in accordance with Louisiana Code of Criminal Procedure article 915."
The record was lodged with this Court on May 8, 2024. On May 9, 2024, this Court issued a rule to show cause why the appeal in this case should not be dismissed as the judgment at issue is not appealable. Defendant was given until June 3, 2024, to file a brief.
As of June 21, 2024, no brief has been received from Defendant.
Louisiana Code of Criminal Procedure Article 912(C)(1) provides the right of judicial review by application to the court of appeal for a writ of review when a judgment is not appealable. The probation revocation judgment at issue in the pending appeal is not an appealable judgment. La.Code Crim.P. art. 912.1; State v. Fort, 13-933 (La.App. 3 Cir. 11/13/13) (unpublished opinion).
Ordinarily, this court would give Defendant an opportunity to file a writ application seeking review of the probation revocation; however, Defendant filed a pro se writ application from his probation revocation on January 8, 2024, which is pending with this court.
Accordingly, the appeal is dismissed.
APPEAL DISMISSED.