KA-0008-0617 Nonprecedential Dismissed Processed

State of Louisiana v. Cedric Lynn Sias

Louisiana Court of Appeal, Third Circuit · Filed July 2, 2008

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APPEAL FROM THE
NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, NO. 265913
HONORABLE DONALD THADDEUS JOHNSON, JUDGE

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BILLY H. EZELL
JUDGE

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Court composed of Oswald A. Decuir, Billy H. Ezell, and James T. Genovese, Judges.

Hon. James C. Downs
District Attorney, 9th JDC
701 Murray Street
Alexandria, LA 71301
(318) 473-6650
COUNSEL FOR APPELLEE:
State of Louisiana

Paula Corley Marx
Louisiana Appellate Project
P.O. Box 80006
Lafayette, LA 70598-0006
(337) 991-9757
COUNSEL FOR APPELLANT:
Cedric Lynn Sias

Ezell, Judge.

On December 10, 2002, a jury convicted the Defendant, Cedric Lynn Sias, of

aggravated battery, in violation of La.R.S. 14:34. On August 11, 2003, the district

court adjudicated the Defendant to be a habitual offender and sentenced him to serve

fifteen years at hard labor with credit given for time served. On appeal, this court

affirmed Defendant’s conviction. State v. Sias, 03-891 (La.App. 3 Cir. 12/10/03),

The Defendant filed a Motion for New Trial on March 25, 2008, which was

denied by the trial court on the same date. The Defendant filed a “Certificate of

Appealibility” on April 1, 2008, asserting that he wished to appeal the trial court’s

denial of his Motion for New Trial. The trial court subsequently granted the

Defendant’s request to file an appeal.

An appeal was lodged with this court on May 15, 2008. On May 22, 2008, 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. The Defendant failed to submit a response

to the rule to show cause. A judgment denying a Motion for New Trial is not

appealable. See State v. Jackson, 362 So.2d 766 (La.1978). Therefore, the appeal in

this case is hereby dismissed.