State of Louisiana v. Raymond Bennett

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

14-1120

STATE OF LOUISIANA

VERSUS

RAYMOND BENNETT

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APPEAL FROM THE
NINTH JUDICIAL DISTRICT COURT
PARISH OF RAPIDES, NO. CR 315,138
HONORABLE JOHN C. DAVIDSON, DISTRICT JUDGE

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J. DAVID PAINTER
JUDGE

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Court composed of John D. Saunders, Marc T. Amy, and J. David Painter, Judges.

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

Brian D. Mosley
Assistant District Attorney
P.O. Box 1472
Alexandria, LA 71309
(318) 473-6650
COUNSEL FOR APPELLEE:
State of Louisiana

Bridgett Brown
P.O. Box 1790
Alexandria, LA 71309
(318) 443-9000
COUNSEL FOR APPELLANT:
Raymond Bennett

Painter, Judge.

On July 23, 2013, Defendant, Raymond Bennett, entered a plea of guilty to

possession of CDS II. The trial court accepted Defendant’s plea and imposed the

following conditions: (1) Pay court cost of $584.50 by July 23, 2013; (2) Default

six months parish prison; (3) Three years at hard labor; (4) Jail term suspended and

placed on supervised probation for a period of three years; (5) No CDS, alcohol,

bars, lounges, or casinos; (6) Attend drug court program; (7) Refrain from criminal

conduct; (8) Random drug testing; (9) Pay $70.00 per month to the drug court

office; (10) Pay a fee of $50.00 to Louisiana Law Enforcement; (11) Curfew from

10:00 PM to 6:00 AM; and (12) Abide by administrative sanctions under the

guidelines provided by La.Code Crim.P. art. 899.1.

On July 9, 2014, the Office of Probation and Parole filed a “DETAINER

NOTIFICATION, AFFIDAVIT OF PROBABLE CAUSE AND MOTION FOR

HEARING TO REVOKE PROBATION” with the trial court. On July 25, 2014,

at a probation revocation hearing, Defendant admitted that he violated the

conditions of his probation. On July 29, 2014, the trial court issued “WRITTEN

REASONS ON MOTION TO REVOKE PROBATION” and Defendant was

ordered to serve the originally imposed sentence at hard labor, with credit given for

time served. On August 7, 2014, Defendant filed a “MOTION TO RECONSIDER

SENTENCE” with the trial court. The trial court denied Defendant’s motion on

August 7, 2014.

Defendant filed a “MOTION FOR APPEAL and DESIGNATION OF

RECORD” with the trial court on August 6, 2014. The trial court granted

Defendant’s motion on August 8, 2014.

On October 23, 2014, this court lodged the appeal record. On October 27,

2014, this court issued a rule to show cause why the appeal should not be
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dismissed as the judgment at issue is not an appealable judgment. See La.Code

Crim.P. art. 912.1. On November 19, 2014, Defendant-Appellant responded,

alleging, “In the interest of Judicial economy[,] appellant requests that this Court

treat this matter as a Supervisory Writ[,] as Appellant orally amended the Notice of

Appeal on the record in open (lower) Court on November 17, 2014. The lower

Court granted the amendment from the words of Apeal [sic] to Writ and as such

reimposed the same deadlines.”

The appeal is dismissed, as the judgment is not an appealable judgment, but

Defendant-Appellant is hereby permitted to file a proper application for

supervisory writs, in compliance with Uniform Rules—Courts of Appeal, Rule 4,

no later than fifteen days from the date of this decision. The Defendant-Appellant

is not required to file a notice of intent to seek writs nor obtain an order setting a

return date pursuant to Uniform Rules—Courts of Appeal, Rule 4-3 as we hereby

construe the motion for appeal as a timely-filed notice of intent to seek a

supervisory writ.

APPEAL DISMISSED. DEFENDANT-APPELLANT IS PERMITTED TO

FILE AN APPLICATION FOR SUPERVISORY WRITS WITHIN FIFTEEN

DAYS FROM THE DATE OF THIS DECISION.

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