Opinion
24-KH-357
08-26-2024
STATE OF LOUISIANA v. JOHN D. MARTIN III IN RE JOHN D. MARTIN III
Applying for Supervisory writ from the Twenty-Ninth Judicial District Court, Parish of st Charles, State of Louisiana, Directed to the Honorable Connie M. Aucoin, Division "C", Number 22,159
Panel composed of Judges Fredericka Homberg Wicker, Marc E. Johnson, and Scott U.Schlegel
WRIT DENIED
On August 7, 2024, relator, John D. Martin III, filed a "Motion to Appeal", which refers to a judgment of December 8, 2023. A review of the record indicates that a judge trial was held on December 4, 2023, and that relator was found guilty of domestic abuse battery by strangulation (La. R.S. 14:35.3(L)), and possession of a firearm by a convicted felon (La. R.S. 14:95.1). He was sentenced on December 18, 2023.
Relator attaches as Exhibit B, an order of April 2, 2024, which denied his Motion to Correct Illegal Sentence. However, it appears that relator is actually seeking an appeal of his conviction and sentence. Further, any appeal from the December 18, 2023 judgment would be considered an out-of-time appeal.
This court is not the correct place to file an initial appeal because appellate courts only review issues that were first submitted to the trial court. See Uniform Rules-Courts of Appeal, Rule 1-3. Relator must first seek relief from the trial court by filing an application for post-conviction relief requesting an out-of-time appeal in accordance with La. C.Cr.P. art. 926(D), which provides:
The petitioner shall use the uniform application for post conviction relief approved by the Supreme Court of Louisiana. If the petitioner fails to use the uniform application, the court may provide the petitioner with the uniform application and require its use.
Accordingly, on the showing made, the writ application is denied. Gretna, Louisiana, this 26th day of August, 2024.
SUS
FHW
MEJ