City of Alexandria v. Jewel Vaughn, III

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

10-1527

CITY OF ALEXANDRIA

VERSUS

JEWEL VAUGHN, III

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APPEAL FROM THE
ALEXANDRIA CITY COURT
PARISH OF RAPIDES, NO. A106339
HONORABLE RICHARD ERIC STARLING, JR., JUDGE
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OSWALD A. DECUIR
JUDGE

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Court composed of Oswald A. Decuir, Jimmie C. Peters, and Billy H. Ezell, Judges.

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

Monique Yvette Metoyer
City Attorney, City of Alexandria
515 Washington Street
Alexandria, LA 71301
(318) 449-5176
COUNSEL FOR APPELLEE:
City of Alexandria

David Michael Williams
Attorney at Law
5003 Masonic Drive, #119
Alexandria, LA 71301-3373
(318) 442-6240
COUNSEL FOR APPELLANT:
Jewel Vaughn, III

Decuir, Judge.

On October 26, 2010, the Defendant, Jewel Vaughn, III, was found guilty of

the offense of domestic abuse battery, a violation of La.R.S. 14:35.3.1 The trial court

sentenced the Defendant to thirty days in the Rapides Parish jail, suspended, with

supervised probation for six months. On November 3, 2010, the Defendant filed a

notice of intent to appeal from the trial court’s ruling, and the trial court granted the

motion on that date.

Thereafter, on December 22, 2010, this court issued a rule to show cause why

the appeal should not be dismissed as the judgment at issue is not appealable. The

Defendant submitted no response.

The judgment at issue is not appealable. See La.Code Crim.P. arts. 779 and

912.1. Accordingly, we hereby dismiss the Defendant’s appeal. However, the

Defendant may seek supervisory writs from the trial court’s ruling. The Defendant

is neither required to file notice of intent to seek writs nor obtain an order from the

trial court setting a return date, as is generally required by Uniform Rules—Courts

of Appeal, Rule 4-3. We construe the motion for appeal as 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 OF THE DATE OF THIS DECISION.

1
Although the Defendant identified himself as “Jewel Vaughn the third” at trial,
the bill of information shows his last name as “Vaugh.”