State of Louisiana v. Demetrius D. Nash

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

12-1145

STATE OF LOUISIANA

VERSUS

DEMETRIUS D. NASH

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, NO. 3272-07
HONORABLE DAVID KENT SAVOIE, DISTRICT JUDGE

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JOHN D. SAUNDERS
JUDGE

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Court composed of Sylvia R. Cooks, John D. Saunders, and Marc T. Amy, Judges.

APPEAL DISMISSED.

David Kimball
Assistant District Attorney - 14th JDC
P.O. Box 3206
Lake Charles, LA 70602-3206
(337) 437-3400
COUNSEL FOR APPELLEE:
State of Louisiana

Edward J. Marquet
Louisiana Appellate Project
P.O. Box 53733
Lafayette, LA 70505-3733
(337) 237-6841
COUNSEL FOR APPELLANT:
Demetrius D. Nash

Saunders, Judge.

On January 24, 2007, the Defendant, Demetrius D. Nash, was charged by

bill of information with two counts of simple burglary, in violation of La.R.S.

14:62, and two counts of theft under $300, in violation of La.R.S. 14:67. On April

3, 2008, the Defendant pled guilty to one count of simple burglary, and the

remaining charges were nolle prosed, as well as charges of illegal carrying of a

weapon and illegal possession of a stolen firearm in an unrelated docket number.

The Defendant was sentenced to three years hard labor, suspended, and placed on

supervised probation for three years.

On June 21, 2010, the Defendant pled guilty to attempted armed robbery and

armed robbery and admitted he violated the terms of his probation. The

Defendant’s probation was subsequently revoked on October 13, 2010, and he was

ordered to serve the originally imposed sentence. The Defendant was also

sentenced for attempted armed robbery and armed robbery. A motion to

reconsider his sentences was denied on April 13, 2012.

A notice of appeal was filed on May 7, 2012, seeking review of the trial

court’s rulings in each of the three docket numbers related to these convictions and

sentences. On October 4, 2012, the matters came before this court in separate

records, with the instant case being the appeal of the Defendant’s probation

revocation. On October 8, 2012, this court issued a rule to show cause why the

appeal of the Defendant’s probation revocation should not be dismissed as the

judgment is non-appealable.

A response from the Defendant was received in this court on October 26,

2012, wherein the Defendant concedes that an order revoking probation is not an

appealable judgment pursuant to La.Code Crim.P. art. 912.1. As such, the

Defendant asks this court to construe his notice of appeal as a notice of his intent to

seek review of his probation revocation by supervisory writ.

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We find that the Defendant’s motion to appeal his probation revocation was

not timely filed; thus, his request to construe his notice of appeal as a notice of his

intent to see review of his probation revocation by supervisory writ is denied.

Accordingly, we hereby dismiss the Defendant’s appeal.

APPEAL DISMISSED.

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