State in the Intrest of I. L.
State in the Intrest of I. L., No. JAK-0012-0644 (La. Ct. App. 3d Cir. Sept. 19, 2012).
Opinion text
NOT DESIGNATED FOR PUBLICATION
STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
12-644
STATE IN THE INTEREST OF
I. L.
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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. JC-20110888
HONORABLE HERMAN C. CLAUSE, DISTRICT JUDGE
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SHANNON J. GREMILLION
JUDGE
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Court composed of Marc T. Amy, James T. Genovese, and Shannon J. Gremillion,
Judges.
APPEAL DISMISSED. JUVENILE-APPELLANT
IS PERMITTED TO FILE AN APPLICATION FOR
SUPERVISORY WRITS WITHIN FIFTEEN DAYS
FROM THE DATE OF THIS DECISION.
Hon. Michael Harson
District Attorney - 15th JDC
P.O. Box 3306
Lafayette, LA 70502-3306
(337) 232-5170
COUNSEL FOR APPELLEE:
State of Louisiana
Allyson Claire Melancon Prejean
Attorney at Law
P.O. Box 2433
Lafayette, LA 70502
(337) 235-5791
COUNSEL FOR APPELLANT:
I. L.
Gremillion, Judge.
On October 12, 2011, the State filed a petition alleging the Juvenile, I.L.,
had committed a simple battery, in violation of La.R.S. 14:35. On January 11,
2012, the parties confected an Informal Adjustment Agreement pursuant to
La.Ch.Code art. 839. In March, the court held a restitution hearing. In June, this
court received an appellate record. On June 12, 2012, this court issued a rule to
show cause why the appeal in this Juvenile case should not be dismissed as the
underlying action, an Informal Adjustment Agreement, is not appealable. Such an
agreement is not an adjudication. La.Ch.Code art. 841(A). This court ordered the
Juvenile to reply by June 19, 2012. No reply has been received; therefore, the
appeal is dismissed.
The Juvenile-Appellant, I.L., is hereby permitted to file a proper application
for supervisory writs, in compliance with Uniform RulesCourts of Appeal, Rules
4 and 5, no later than fifteen days from the date of this decision. Defendant is not
required to file a notice of intent to seek writs nor obtain an order setting return
date pursuant to Uniform RulesCourts of Appeal, Rule 4-3 as we hereby
construe the motion for appeal as a timely filed notice of intent to seek a
supervisory writ. However, the only issue reviewable pursuant to the Informal
Adjustment Agreement would be an alleged violation of La.Ch.Code art. 841(A).
APPEAL DISMISSED. JUVENILE-APPELLANT IS PERMITTED TO
FILE AN APPLICATION FOR SUPERVISORY WRITS WITHIN FIFTEEN
DAYS FROM THE DATE OF THIS DECISION.