State of Louisiana v. Robert Revoillez Sassp Gallow

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

21-100

STATE OF LOUISIANA

VERSUS

ROBERT GALLOW

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. CR 178555
HONORABLE MARILYN CARR CASTLE, DISTRICT JUDGE

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SHARON DARVILLE WILSON
JUDGE

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Court composed of Billy H. Ezell, Candyce G. Perret, and Sharon Darville Wilson,
Judges.

APPEAL DISMISSED. DEFENDANT-
APPELLANT IS GIVEN FIFTEEN DAYS TO
FILE AN APPLICATION FOR
SUPERVISORY WRITS.

Donald Dale Landry
District Attorney – 15th Judicial District
Celeste White
Assistant District Attorney – 15th Judicial District
P. O. Box 3306
Lafayette, LA 70502
(337) 232-5170
COUNSEL FOR APPELLEE:
State of Louisiana

Annette Fuller Roach
Louisiana Appellate Project
P. O. Box 1747
Lake Charles, LA 70602-1747
(337) 436-2900
COUNSEL FOR APPELLANT:
Robert Gallow

WILSON, Judge.

On October 5, 2020, Defendant-Appellant, Robert Gallow, was charged by

bill of information with domestic violence, in violation of La.R.S. 14:35.3(K); two

counts of false imprisonment, in violation of La.R.S. 14:46; resisting arrest, in

violation of La.R.S. 14:108; domestic abuse battery, in violation of La.R.S.

14:35.3; and flight from an officer, in violation of La.R.S. 14:108(B)(1)(a).

Defendant-Appellant filed a pro se “Motion to Quash” on October 23, 2020,

asserting he was arrested on August 5, 2020, and that the time limitations of

La.Code Crim.P. arts. 532(7), 581, and 701(B) and (C) had expired. He requested

discharge from custody and dismissal of the charges. The trial court denied the

motion on October 27, 2020, based on the bill of information having been filed on

October 5, 2020.

On November 30, 2020, Defendant-Appellant filed a pro se “Motion to

Appeal” from the trial court’s October 27, 2020 ruling. The trial court granted an

appeal.

Defendant-Appellant’s trial counsel filed a “Motion for Release of

Defendant [for] Failure to Arraign as Required by La. C.Cr.P. Art. 701B(1) and C”

on November 24, 2020. A hearing was held on December 9, 2020. The trial court

denied the motion. Counsel for Defendant-Appellant filed a supervisory writ

application seeking review of the trial court’s December 9, 2020 ruling. On

February 12, 2021, this Court denied Defendant-Appellant’s writ application

finding his illegal detention ceased when he was arraigned.

On February 2, 2021, this Court issued a “Rule to Show Cause” why

Defendant-Appellant’s appeal should not be dismissed as the judgment is not

appealable. On February 22, 2021, this Court received appellate counsel’s

response to the “Rule to Show Cause,” wherein she concedes the proper mode of

review is by supervisory writ application.

Defendant-Appellant, Robert Gallow, 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

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 FIFTEEN
DAYS FROM THE DATE OF THIS DECISION.

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