State of Louisiana v. Michael Sampson

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

KA20-286

STATE OF LOUISIANA

VERSUS

MICHAEL SAMPSON

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APPEAL FROM THE
TWELFTH JUDICIAL DISTRICT COURT
PARISH OF AVOYELLES, NO. 2016-CR-192039
HONORABLE WILLIAM J. BENNETT

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ELIZABETH A. PICKETT
JUDGE

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Court composed of Elizabeth A. Pickett, 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.

Hon. Charles A. Riddle, III
District Attorney
P.O. Box 1200
Marksville, LA 71351
COUNSEL FOR APPELLEE:
State of Louisiana

Allen L. Smith, III
P.O. Box 1592
Alexandria, LA 71309
COUNSEL FOR APPELLANT:
Michael Sampson

Pickett, Judge.

Defendant, Michael Sampson, pled guilty to indecent behavior with a

juvenile, a violation of La.R.S. 14:81(H)(2), and was sentenced on July 18, 2016.

Defendant was sentenced to serve ten years in the Louisiana Department of

Corrections, with credit for any time served since the date of arrest, and to run

concurrently with any other sentence previously imposed. Two years of the sentence

is to be served without benefit of probation, parole, or suspension of sentence, and

upon release from incarceration, Defendant will be required to register as a sex

offender. The sentence was imposed with the understanding there would be no

habitual offender bill filed.

Defendant filed an application for post-conviction relief in the trial court on

July 10, 2018. The trial court denied Defendant’s application on August 7, 2018.

On October 29, 2018, Defendant filed a Motion to Correct an Illegal Sentence. This

motion was denied on October 29, 2018. Subsequently, on November 15, 2018, the

Defendant filed a “Notice of Appeal” from the denial of his Post-Conviction Relief

and his Motion to Correct an Illegal Sentence. The “Notice of Appeal” was denied

on November 15, 2018. Defendant then filed a “Motion to Compel Specific

Performance of Plea Agreement” on September 6, 2019. The motion was heard on

October 8, 2019. Defendant then filed a second “Notice of Appeal” on October 21,

2019. Defendant’s motion for appeal was granted on October 21, 2019.

On June 15, 2020, this court issued a rule to show cause why the appeal in this

case should not be dismissed as the judgment at issue is not appealable. No brief

has been received from Defendant.

Louisiana Code of Criminal Procedure Article 930.6(A) (emphasis added)

provides:

The petitioner may invoke the supervisory jurisdiction of the
court of appeal if the trial court dismisses the application or otherwise
denies relief on an application for post conviction relief. No appeal
lies from a judgment dismissing an application or otherwise
denying relief.

Because the judgment is not appealable, the appeal in this case is hereby dismissed.

Defendant-Appellant, Michael Sampson, is hereby permitted 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 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 notice of intent to seek a supervisory writ.

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

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