State of Louisiana v. Jerry J. Bob

NOT DESIGNATED FOR PUBLICATION

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

23-694

STATE OF LOUISIANA

VERSUS

JERRY J. BOB

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APPEAL FROM THE
FIFTEENTH JUDICIAL DISTRICT COURT
PARISH OF LAFAYETTE, NO. OP-4690
HONORABLE MICHELE S. BILLEAUD, JUDGE

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SHANNON J. GREMILLION
JUDGE

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Court composed of Shannon J. Gremillion, Gary J. Ortego, and Guy E. Bradberry,
Judges.

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

William T. Babin
Prosecutor, City of Scott
405 West Convent Street
Lafayette, LA 70501
(337) 232-7747
COUNSEL FOR APPELLEE:
State of Louisiana

Lynden J. Burton
P.O. Box 13738
New Iberia, LA 70562
(337) 340-5153
COUNSEL FOR APPELLANT:
Jerry J. Bob

GREMILLION, Judge.

Defendant-Appellant, Jerry J. Bob, was found guilty of two counts of

Resisting an Officer and ordered to pay a fine of $341.50 on each count on June 2,

2023, in the Mayor’s Court for the City of Scott.

On February 10, 2023, Defendant filed a “Motion for Appeal and Take De

Novo Review” in the Fifteenth Judicial District Court, Parish of Lafayette. Pursuant

to La.R.S. 13:1896, district courts have appellate jurisdiction in criminal cases from

a mayor’s court where a person has been subjected to imprisonment or forfeiture of

rights or property, and the appeal is tried de novo.

A trial was held on June 2, 2023, in the Fifteenth Judicial District Court.

Defendant was found guilty on one count of Resisting an Officer and ordered to pay

a fine of $341.50.

Defendant’s counsel filed a “Motion and Order for Appeal” on June 29, 2023,

seeking an appeal to this court. On July 7, 2023, Defendant was granted an appeal

to this court.

The record was lodged with this court on November 6, 2023, and on

November 7, 2023, 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. Defendant was

given until December 4, 2023, to file a brief in response to the rule to show cause.

A “Brief to Show Cause Why the Appeal Should not be Dismissed on Behalf

of Jerry Bob, Defendant-Appellant” was received from Defendant’s attorney on

December 12, 2023. Defendant asserts that because he was found guilty of one count

of resisting arrest and ordered to pay a fine, the judgment is appealable pursuant to

La.Code Crim.P. art. 912. If this court finds the judgment is not appealable,

Defendant requests he be permitted to file an application for supervisory writs within

thirty days of the decision.

Pursuant to La.Code Crim.P. art. 912.1(B)(1), a defendant may appeal to this

court from a judgment in a criminal case triable by jury. In accordance with La.Code

Crim.P. arts. 779 and 933 and La.R.S. 14:108, Defendant’s case was not triable by

a jury; therefore, pursuant to La.Code Crim.P. art. 912.1(C)(1), review of

Defendant’s conviction is by application for writ of review to this court.

Accordingly, the appeal is dismissed. Defendant may file a supervisory writ

application within thirty (30) days of the date of this decision. Defendant is not

required to file a notice of intent to seek writs, nor must he obtain an order from the

trial court setting a return date, as is required by Uniform Rules—Courts of Appeal,

Rule 4–3. We 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 THIRTY
DAYS FROM THE DATE OF THIS DECISION.

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

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