KA-0012-1338 Nonprecedential Dismissed Processed

State of Louisiana v. J. A. C., Jr.

Louisiana Court of Appeal, Third Circuit · Filed January 23, 2013

Opinion text

12-1338

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APPEAL FROM THE
NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, NO. 303156
HONORABLE THOMAS MARTIN YEAGER, 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.

James C. Downs
District Attorney - 9th JDC
701 Murray Street
Alexandria, LA 71301
(318) 473-6650
COUNSEL FOR APPELLEE:
State of Louisiana

Edward Kelly Bauman
Louisiana Appellate Project
P.O. Box 1641
Lake Charles, LA 70602-1641
(337) 491-0570
COUNSEL FOR APPELLANT:
J. A. C., JR.

Saunders, Judge.

On July 29, 2010, Defendant, J.A.C., Jr., was charged with one count of

child desertion in violation of La.R.S. 14:93.2.1. Defendant was also charged by

separate docket number with second degree murder, in violation of La.R.S.

14:30.1, and two counts of attempted first degree murder of a law enforcement

officer, in violation of La.R.S. 14:27 and La.R.S. 14:30.

A motion for appeal was filed on June 4, 2012, seeking review of the trial

court’s rulings in both of the separate docket numbers related to the convictions

and sentences. Following the filing of the motion for appeal, on June 13, 2012, the

State nolle prosed the charge for child desertion under docket number 303,156.

On November 27, 2012, the matters came before this court in separate

records. This court issued a rule to show cause on December 3, 2012, why the

appeal should not be dismissed, as the child desertion charge was previously nolle

prosed.

Defendant responded on December 26, 2012, asserting that there was no

basis to argue the appeal should not be dismissed. Accordingly, we hereby dismiss

the Defendant’s appeal.