KA-0019-0531 Nonprecedential Dismissed Processed

State of Louisiana v. Benjamin L. Rhodes

Louisiana Court of Appeal, Third Circuit · Filed December 11, 2019

Opinion text

19-531

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APPEAL FROM THE
THIRTY-SIXTH JUDICIAL DISTRICT COURT
PARISH OF BEAUREGARD, NO. CR-93-2007
HONORABLE C. KERRY ANDERSON, JUDGE

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JONATHAN W. PERRY
JUDGE

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Court composed of Shannon J. Gremillion, D. Kent Savoie, and Jonathan W. Perry,
Judges.

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

James R. Lestage
Beauregard Parish District Attorney
P.O. Box 99
DeRidder, Louisiana 70634
COUNSEL FOR APPELLEE:
State of Louisiana

Cynthia Amos
105 North Stewart St.
P.O. Box 995
DeRidder, LA 70634
COUNSEL FOR APPELLANT:
Benjamin L. Rhodes

Perry, Judge.
On April 4, 2007, Defendant, Benjamin L. Rhodes, was charged by bill of

information with six counts of felony carnal knowledge of a juvenile, violations of

La.R.S. 14:80. On February 14, 2008, Defendant pled guilty to counts one and two,

and the remaining four counts were dismissed. On May 5, 2008, Defendant was

sentenced to concurrent sentences of three and one-half years at hard labor on each

count, with three years of each sentence being suspended. Defendant was placed on

three years of supervised probation with certain conditions of probation. Defendant

was ordered to comply with the Louisiana Sex Offender Registration Statute upon

completion of his probation. On December 7, 2018, Defendant filed a “Motion to

Terminate Sex Offender Registration” with the trial court. The trial court denied the

motion on April 22, 2019.

On April 30, 2019, Defendant filed a “Petition for Appeal,” which was granted

on May 1, 2019. On July 22, 2019, the record was lodged. On August 14, 2019, this

court issued a rule to show cause why the appeal should not be dismissed as non-

appealable. La.Code Crim.P. arts. 912 and 912.1. Defendant was granted one extension

and thereafter did not respond to the rule to show cause.

Accordingly, we dismiss Defendant’s appeal but will permit him to file a proper

application for supervisory writs, in compliance with Uniform Rules—Courts of

Appeal, Rule 4, no later than thirty days from the date of this decision. Defendant is

not required to file an additional notice of intent to seek supervisory review or obtain

an order setting return date.

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

This opinion is NOT DESIGNATED FOR PUBLICATION.
Uniform Rules—Courts of Appeal, Rule 2–16.3.