State of Louisiana v. Kevin Broussard

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

KA06-776

STATE OF LOUISIANA

VERSUS

KEVIN BROUSSARD

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APPEAL FROM THE
SIXTEENTH JUDICIAL DISTRICT COURT
PARISH OF IBERIA, NO. 03-1884
HONORABLE KEITH RAYNE JULES COMEAUX

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MICHAEL G. SULLIVAN
JUDGE

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Court composed of John D. Saunders, Michael G. Sullivan, and James T. Genovese,
Judges.

APPEAL DISMISSED. APPELLANT ALLOWED
THIRTY DAYS FROM DATE OF DECISION TO
FILE AN APPLICATION FOR SUPERVISORY
WRITS.

Hon. J. Phillip Haney
District Attorney
300 Iberia Street, Suite 200
New Iberia, LA 70560
(337) 369-4420
COUNSEL FOR APPELLEE:
State of Louisiana

Anthony Jerome Fontana, Jr.
Attorney at Law
210 N. Washington Street
Abbeville, LA 70510
(337) 898-8332
COUNSEL FOR APPELLANT:
Kevin Broussard

Sullivan, J.

The judgment at issue herein is not appealable pursuant to La.Code Crim.P. art.

912.1; therefore, the appeal in the above-captioned case is dismissed. Kevin

Broussard, Appellant, is hereby permitted to file a proper application for writs in

compliance with Uniform Rules—Courts of Appeal, Rule 4, no later than thirty days

from date of this decision. The Appellant is not required to file a notice of intent to

seek writs or obtain an order setting a return date pursuant to Uniform Rules—Courts

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.

Regarding Appellant’s request for a stay, Appellant should apply to the trial

court, pursuant to Uniform Rules—Courts of Appeal, Rule 4-4.

APPEAL DISMISSED. APPELLANT ALLOWED THIRTY DAYS
FROM DATE OF DECISION TO FILE AN APPLICATION FOR
SUPERVISORY WRITS.