State of Louisiana v. Jason Alfred

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

12-604

STATE OF LOUISIANA

VERSUS

JASON ALFRED

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APPEAL FROM THE
THIRTEENTH JUDICIAL DISTRICT COURT
PARISH OF EVANGELINE, NO. 82220FB
HONORABLE THOMAS F. FUSELIER, DISTRICT JUDGE

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MARC T. AMY
JUDGE

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Court composed of Marc T. Amy, James T. Genovese, and Shannon J. Gremillion,
Judges.

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

Hon. Trent Brignac
District Attorney - 13th JDC
P.O. Box 780
Ville Platte, LA 70586
(337) 363-3438
COUNSEL FOR APPELLEE:
State of Louisiana

Jason Alfred, Pro Se
P.P.C.C. Bayou D 407U
P.O. Box 650
Pine Prairie, LA 70576

Amy, Judge.

On June 21, 2010, the Defendant, Jason Alfred, pled guilty to indecent

behavior with juveniles and threatening a public official. He was sentenced on

September 8, 2010, to seven years at hard labor for indecent behavior with

juveniles and to six months in parish jail for threatening a public official. The

sentences were to be served concurrently.

The Defendant filed an application for post-conviction relief on November

16, 2011. The application was denied at a hearing held on March 15, 2012.

In March of 2012, the Defendant filed a “Motion and Order for Appeal,

Destination [sic] of Record, and Appointment of Appellate Counsel.” An appeal

was lodged with this court on May 23, 2012. On May 29, 2012, this court issued

an order requiring the Defendant to specify the judgment sought to be reviewed on

appeal. The Defendant responded, indicating he sought to appeal the denial of his

application for post-conviction relief. Thereafter, this court issued an order

requiring the Defendant to show cause why his appeal should not be dismissed, as

the judgment at issue is not appealable. The Defendant responded but did not

allege that the denial of an application for post-conviction relief is an appealable

judgment.

The judgment at issue is not appealable. See La.Code Crim.P. art. 930.6.

Accordingly, we hereby dismiss the Defendant’s appeal. The Defendant may seek

supervisory writs within thirty (30) days of the date of this decision. The

Defendant is not required to file a notice of intent to seek writs, nor must he 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 a timely-filed notice of intent to seek a supervisory writ.

APPEAL DISMISSED. THE DEFENDANT IS PERMITTED TO FILE AN

APPLICATION FOR SUPERVISORY WRITS WITHIN THIRTY DAYS OF

THE DATE OF THIS OPINION.

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