Opinion
No. KA 09 00240.
May 6, 2009.
APPEAL FROM THE SIXTEENTH JUDICIAL DISTRICT COURT PARISH OF IBERIA, NO. 07-1428 HONORABLE LORI ANN LANDRY, DISTRICT JUDGE.
Hon. J. Phillip Haney, District Attorney, 16th JDC, 300 Iberia Street, Suite 200, New Iberia, LA, COUNSEL FOR APPELLEE: State of Louisiana.
R. Michael Moity, Jr., The Moity Law Firm, 340 Weeks Street, New Iberia, LA, COUNSEL FOR DEFENDANT/APPELLANT: Shane Ray Roberts.
Court composed of JIMMIE C. PETERS, MICHAEL G. SULLIVAN, and BILLY H. EZELL, Judges.
On March 6, 2008, after a bench trial, the trial court convicted the defendant, Shane Ray Roberts, of reckless operation of a watercraft, a violation of La.R.S. 34:851.5. The trial court then sentenced the defendant to serve ninety (90) days in the parish jail, but suspended the incarceration sentence and placed the defendant on one year supervised probation. Four days later the defendant filed a motion to appeal his conviction and the trial court granted that appeal on March 20, 2008. Thereafter, this court issued a rule to show cause why the appeal should not be dismissed as not appealable. In response, the defendant filed a memorandum in this court basically acknowledging that he was not entitled to an appeal and requesting that this court convert his improperly filed appeal to a writ application.
The judgment at issue is not appealable. La. Code of Crim.P. art. 912.1. That being the case, we hereby dismiss the defendant's appeal. However, the defendant may seek supervisory writs within thirty days of the date of this decision. The defendant is not required to file a 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 a timely filed notice of intent to seek a supervisory writ.