State of Louisiana v. Robert Broussard

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

15-528

STATE OF LOUISIANA

VERSUS

ROBERT L. BROUSSARD

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APPEAL FROM THE
CITY COURT OF NEW IBERIA
PARISH OF IBERIA, NO. 201402992
HONORABLE THEODORE M. HAIK, III, DISTRICT JUDGE

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JAMES T. GENOVESE
JUDGE
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Court composed John D. Saunders, James T. Genovese, and Shannon J.
Gremillion, Judges.

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

Anne G. Stevens
City of New Iberia
457 E. Main Street, Room 202
New Iberia, LA 70560
(337) 369-2333
COUNSEL FOR APPELLEE:
State of Louisiana

R. Michael Moity, Jr.
The Moity Law Firm
340 Weeks Street
New Iberia, LA 70560
(337) 365-5529
COUNSEL FOR APPELLANT:
Robert L. Broussard

Genovese, Judge.

Defendant-Appellant, Robert L. Broussard, was convicted of OWI second

offense, in violation of La.R.S. 14:98A(1)(a), and excessive noise, in violation of

City Ordinance 513-96, 58-75, on March 4, 2015. Relator was ordered to pay a

$1,000.00 fine plus court courts or, in default of payment, ten days in jail;

sentenced to 125 days in the parish jail, all but seven days suspended; thirty 8-hour

days of community service; upon release, Relator to be placed on supervised

probation for an eighteen-month period on the charge of OWI second offense.

Relator was ordered to pay a $250.00 fine or, in default of payment, ten days in the

parish jail and pay a $200.00 witness fee on the charge of excessive noise. Relator

filed a “NOTICE OF SUSPENSIVE APPEAL” with the trial court on March 12,

2015. The trial court issued an “ORDER OF APPEAL” on March 17, 2015,

ruling, “IT IS FURTHER ORDERED that a Suspensive Appeal be granted to

Robert Broussard, execution of sentence be stayed, and that post conviction bail be

set at $25,000.00.”

On June 8, 2015, this court lodged the appeal record for this case. On July

2, 2015, this court issued a rule to show cause why this matter should not be

dismissed as non-appealable, since the offenses at issue are misdemeanors.

On July 15, 2015, Defendant-Appellant responded, requesting the following:

1. Convert the Order of Appeal to the request “to seek supervisory
writs”;

2. Grant leave for Appellant to obtain a [sic] Order granting a
supervisory writ by the City Court Judge; and

3. Consider the matter as an appeal requiring a published opinion as
there are novel issues of law and fact.

The appeal is dismissed, as the offenses are non-appealable. The request to

convert the appeal to a writ is denied, but Defendant-Appellant is hereby permitted

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to file a proper application for supervisory writs in compliance with Uniform

Rules—Courts of Appeal, Rule 4, within fifteen days from the date of this

decision. Defendant 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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