State of Louisiana Versus Michael P. Hidalgo

STATE OF LOUISIANA NO. 19-KA-612

VERSUS FIFTH CIRCUIT

MICHAEL P. HIDALGO COURT OF APPEAL

STATE OF LOUISIANA

February 03, 2020

Susan Buchholz
First Deputy Clerk

ON APPLICATION FOR REHEARING

Panel composed of Susan M. Chehardy,
Marc E. Johnson, and Robert A. Chaisson

DENIED WITH REASONS

RAC
SMC
MEJ

CHAISSON, J., DENIED WITH REASONS

Defendant, Michael Hidalgo, has filed a document with this Court entitled

“Application for Writ of Review or Certiorari,” in which he requests that this Court

“grant him the right of judicial review or appeal” from his misdemeanor conviction

of first offense domestic abuse battery.” This Court, on January 22, 2020,

dismissed defendant’s appeal for lack of jurisdiction, specifying that defendant’s

conviction is not an appealable judgment since his offense is a misdemeanor

offense not eligible for trial by jury. To the extent that defendant is requesting a

rehearing of his appeal, we deny that request for the reasons set forth in our

January 22, 2020 opinion.

We re-iterate to defendant that the proper mechanism for seeking review of

his misdemeanor conviction is an application for writ of review. La. C.Cr.P. art.

912.1(C)(1). The “Application for Writ of Review or Certiorari” that defendant

filed in this Court on January 31, 2020, does not comply with the requirements for

filing a writ application. We direct defendant to the requirements for a properly

filed writ application set forth in U.R.C.A. Rule 4-1 et seq. and stress that he was

given thirty days from January 22, 2020, to file a proper application for

supervisory writs.

Accordingly, defendant’s request for a rehearing of his appeal is denied.

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

MARY E. LEGNON
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
ROBERT A. CHAISSON SUSAN BUCHHOLZ
STEPHEN J. WINDHORST
FIRST DEPUTY CLERK
HANS J. LILJEBERG
JOHN J. MOLAISON, JR. FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 02/03/2020 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

19-KA-612
E-NOTIFIED
Thomas J. Butler (Appellee)

MAILED
Richard H. Barker, IV (Appellant)
Attorney at Law
228 St. Charles Avenue
Suite 501
New Orleans, LA 70130