Opinion
No. 99-KA-722.
November 10, 1999.
ON APPEAL FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, NO. 97-6980, STATE OF LOUISIANA, DIVISION "S", HONORABLE ROBERT BURNS, JUDGE.
A. BRUCE NETTERVILLE, 929 4th Street Post Office Box 447 Gretna, Louisiana 70054, Attorney for Defendant/Appellant.
PAUL D. CONNICK, JR., DISTRICT ATTORNEY TERRY BOUDREAUX, FRANK A. BRINDISI, ASSISTANT DISTRICT ATTORNEYS, 24th Judicial District Parish of Jefferson, Courthouse Annex Gretna, Louisiana 70053, Attorneys for Plaintiff/Appellee.
Panel composed of Judges CHARLES GRISBAUM, JR., THOMAS F. DALEY and CLARENCE E. McMANUS.
The defendant, Chandler Mashia, has appealed the ruling of the district court which revoked his probation. However, the defendant has no right of appeal from the revocation of his probation. State v. Manuel, 349 So.2d 882, (La. 1977); State v. Davis, 97-850 (La.App. 5th Cir. 2/11/98), 708 So.2d 1121. A ruling revoking probation can only be reviewed by this court under its supervisory jurisdiction.
In December 1994, this court issued the following en banc order:
It has come to the attention of this Court that an increasing number of non-appealable matters are being incorrectly filed and lodged as appeals. In the past, this Court has customarily converted these appeals into the more appropriate procedural mechanism of writs under the guise of judicial economy. However, we have come to realize that this approach is inconsistent with our legislative scheme for the appropriate exercise of our supervisory jurisdiction. Hence, we will no longer continue such practice.
It is hereby ordered that, as of January 1, 1995, all non-appealable matters filed as an appeal will be dismissed. Accordingly, all parties will be required to follow the procedural schemes set forth in our Louisiana Codes of Civil and Criminal Procedure.
Based on the foregoing, this appeal is dismissed.
APPEAL DISMISSED