KA-0009-1387 Nonprecedential Dismissed Processed

State of Louisiana v. J. Norris Carter

Louisiana Court of Appeal, Third Circuit · Filed December 23, 2009

Opinion text

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 20243-08
HONORABLE DENNIS WALDRON-AD HOC

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J. DAVID PAINTER
JUDGE

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Court composed of Oswald A. Decuir, Jimmie C. Peters, and J. David Painter,
Judges.

Hon. Kurt Wall
Assistant Attorney General
P. O. Box 94005
Baton Rouge, LA 70804
(225) 326-6281
COUNSEL FOR APPELLEE:
State of Louisiana

Ms. Annette Roach
Attorney at Law
P. O. Box 1747
Lake Charles, LA 70602
(337) 436-2900
COUNSEL FOR APPELLANT:
J. Norris Carter

Painter, Judge.

The Defendant, J. Norris Carter, was charged in a single bill of information

with simple battery and remaining on property after being forbidden. After a bench

trial, he was convicted of the charged offenses. For each offense, he was sentenced

to serve six months in the Calcasieu Parish Prison, to run concurrently with each

other, but consecutively to other sentences imposed in docket number 24198-09. On

July 21, 2009, the day prior to sentencing, the Defendant filed a Notice of Appeal,

which was granted on July 27, 2009.

Subsequent to the lodging of the appeal, this court issued a rule to show cause

why the appeal should not be dismissed as the judgment at issue is not an appealable

judgment. In a response filed on December 7, 2009, counsel agreed that the proper

mode of review is by writ of review, and she noted that a writ of review is pending

in this court under docket number KW09-1251. On December 10, 2009, this court

issued a ruling, addressing the merits, in the writ. State v. Carter, an unpublished

writ bearing docket number 09-1251 (La.App. 3 Cir. 12/10/09).

The judgment at issue is not appealable. La.Code Crim.P. art. 912.1(B).

Accordingly, we hereby dismiss the Defendant’s appeal.