State of Louisiana v. William Joseph Devillier

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

16-320

STATE OF LOUISIANA

VERSUS

WILLIAM JOSEPH DEVILLIER

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APPEAL FROM THE
FOURTEENTH JUDICIAL DISTRICT COURT
PARISH OF CALCASIEU, DOCKET NUMBER 14-17170
HONORABLE SHARON D. WILSON, JUDGE

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BILLY H. EZELL
JUDGE
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Court composed of Sylvia R. Cooks, Billy H. Ezell, and John E. Conery, Judges.

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

Brett Gaspard
Assistant District Attorney
901 Lakeshore Drive, Suite 600
Lake Charles, LA 70601
Telephone (337) 437-3400
COUNSEL FOR APPELLEE
State of Louisiana

Christian D. Chesson
Joseph L. Manuel
One Lakeshore Drive, Suite 1800
Lake Charles, LA 70629
Telephone (337) 436-5297
COUNSELS FOR APPELLANT:
William Joseph Devillier

Ezell, Judge.

On June 26, 2014, Defendant-Appellant, William Joseph Deviller, was

charged with conspiracy to possess with intent to distribute CDS II (cocaine). On

September 15, 2015, Defendant-Appellant was convicted of conspiracy to possess

CDS II (cocaine). On December 3, 2015, at a sentencing hearing, the trial court

deferred Defendant-Appellant’s sentence for a period of one year, pursuant to

La.Code Crim.P. art. 893. Defendant-Appellant was placed on a one-year term of

unsupervised probation subject to the general conditions of La.Code Crim.P. art.

895, along with special conditions to pay a $1,000.00 fine, to pay court costs, and

to refrain from further criminal conduct.

On November 30, 2015, Defendant-Appellant filed a “MOTION FOR NEW

TRIAL” and a “MEMORANDUM IN SUPPORT OF MOTION FOR NEW

TIRIAL” with the trial court. Defendant-Appellant asked the trial court to “grant

this motion, and after a hearing on the merits to grant a new trial vacating the

conviction previously imposed.” (Tr. Rec. p. 620.) On December 1, 2015, an

evidentiary hearing was held; thereat, the trial court denied Defendant-Appellant’s

Motion for New Trial.

On December 22, 2015, Defendant-Appellant filed a “MOTION FOR

APPEAL and DESIGNATION OF RECORD” with the trial court. The trial court

granted Defendant-Appellant’s motion on December 22, 2015, with a return date

within the delays allowed by law.

On April 26, 2016, this court lodged the appeal record. On May 2, 2016,

this court issued a rule to show cause why the appeal should not be dismissed, as

the judgment at issue is not an appealable judgment. La.Code Crim.P. art. 912(A)

and (C)(1).
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On May 23, 2016, Defendant-Appellant filed an “ORIGINAL BRIEF IN

SUPPORT OF APPEAL OF JUDGMENT OF FOURTEENTH JUDICIAL

DISTRICT COURT” with this court in response to the rule to show cause.

Defendant-Appellant asserts in his brief that the trial court erred by denying his

Motion for New Trial. Defendant-Appellant asserts that the trial court “found him

guilty of the lesser included offense of conspiracy to possess cocaine. . . .

It is from this conviction the appellant appeals.” (Brief p. 2.)

Louisiana Code of Criminal Procedure Article 912(C)(1) permits an appeal

by a defendant from a judgment which imposes a sentence which did not occur

since the trial court “defer[red] the imposition of sentencing” in this case.

Accordingly, we hereby dismiss Defendant-Appellant’s appeal. However,

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. 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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