State of Louisiana v. Julius Willis

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT

KA06-1227

STATE OF LOUISIANA

VERSUS

JULIUS WILLIS

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APPEAL FROM THE
THIRTY-THIRD JUDICIAL DISTRICT COURT
PARISH OF ALLEN, NO. CR2006-1621
HONORABLE PATRICIA C. COLE

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BILLY H. EZELL
JUDGE

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Court composed of John D. Saunders, Jimmie C. Peters, and Billy H. Ezell,
Judges.

APPEAL DISMISSED. DEFENDANT-APPELLANT
IS PERMITTED TO FILE AN APPLICATION FOR
SUPERVISORY WRITS WITHIN THIRTY DAYS
FROM THE DATE OF THIS DECISION.

Hon. Douglas L. Hebert
District Attorney
P. O. Box 839
Oberlin, LA 70655
(337) 639-2641
COUNSEL FOR APPELLEE:
State of Louisiana

Julius Willis
Pro Se
215 Noah Chapman Lane
Oberlin, LA 70655
(337) 526-6574
COUNSEL FOR APPELLANT:
Julius Willis

Ezell, Judge.

The Defendant, Julius Willis, was charged by bill of information with

remaining after being forbidden, a violation of La.R.S. 14:63.3. On July 13, 2006,

a bench trial was held and the Defendant was found guilty as charged. The Defendant

was sentenced to six months in the parish jail, suspended, and placed on eighteen

months of supervised probation.

The Defendant filed a Motion of Appeal which was granted by the trial court

on July 31, 2006.

On October 6, 2006, this court issued a rule to show cause why the appeal in

this case should not be dismissed as the judgment at issue is not appealable. On

November 6, 2006, the Defendant submitted a pleading to this court explaining his

innocence to the charge.

The proper procedural vehicle for the Defendant to seek review of his

misdemeanor conviction is via supervisory writs. Therefore, the appeal in this case

is hereby dismissed. The Defendant-Appellant, Julius Willis, is hereby permitted to

file a proper application for supervisory writs in compliance with Uniform Rules—

Courts of Appeal, Rule 4, no later than thirty days from the date of this decision. The

Defendant is not required to file a notice of intent to seek writs nor 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.

APPEAL DISMISSED. DEFENDANT-APPELLANT IS PERMITTED TO

FILE AN APPLICATION FOR SUPERVISORY WRITS WITHIN THIRTY

DAYS FROM THE DATE OF THIS DECISION.

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