State of Louisiana v. Larry John Bruno

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

KA09-805

STATE OF LOUISIANA

VERSUS

LARRY JOHN BRUNO

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. CR118533
HONORABLE MARILYN CARR CASTLE, JUDGE

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OSWALD A. DECUIR
JUDGE

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Court composed of Ulysses Gene Thibodeaux, Chief Judge, Oswald A. Decuir, and
Jimmie C. Peters, Judges.

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

Michael Harson
District Attorney, 15th JDC
P.O. Box 3306
Lafayette, LA 70502-3306
(337) 232-5170
COUNSEL FOR APPELLEE:
State of Louisiana

William Jarred Franklin
Louisiana Appellate Project
3001 Old Minden Road
Bossier City, LA 71112
(318) 746-7467
COUNSEL FOR APPELLANT:
Larry John Bruno

Decuir, Judge.

On April 1, 2009, the Defendant, Larry John Bruno, proceeded to trial on the

charge of aggravated assault, a violation of La.R.S. 14:37. He was found guilty and

was sentenced to serve six months in the parish jail. The following day, a motion for

appeal was filed and subsequently granted by the trial court.

An appeal was lodged with this court on July 8, 2009. On July 13, 2009, 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. In a response received on August 4, 2009,

appellate counsel acknowledged the offense at issue was in fact a misdemeanor and

the Defendant is not entitled to an appeal in this matter.

We find that the judgment at issue herein is not appealable pursuant to La.Code

Crim.P. arts. 912 and 912.1. Therefore, the appeal in the above-captioned case is

hereby dismissed. The Defendant is hereby permitted to file a proper application for

supervisory writs, in compliance with Uniform Rules—Courts of Appeal, Rule 4-3,

within 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 notice of intent to seek a supervisory writ.

APPEAL DISMISSED. DEFENDANT IS PERMITTED TO FILE AN

APPLICATION FOR SUPERVISORY WRITS WITHIN THIRTY DAYS

FROM THE DATE OF THIS DECISION.