State of Louisiana v. Mychal D. Bell

STATE OF LOUISIANA

COURT OF APPEAL, THIRD CIRCUIT

NO: KW 07-01106

Judgment rendered and mailed to all
parties or counsel of record on
September 14, 2007.

STATE OF LOUISIANA
VERSUS
MYCHAL D. BELL

FILED: 09/05/07

On application of Mychal D. Bell for Writ of Review in No. 82112 on the docket of
the Twenty-Eighth Judicial District Court, Parish of LaSalle, Hon. John Philip
Mauffray, Jr.

Counsel for:
Louis Granderson Scott Mychal D. Bell
Robert S. Noel II
Peggy J. Sullivan

Counsel for:
Hon. J. Reed Walters State of Louisiana

Lake Charles, Louisiana, on September 14, 2007.

WRIT GRANTED AND MADE PEREMPTORY; STAY DENIED: The trial
court erred in denying Defendant’s motion in arrest of judgment regarding his
conviction for aggravated second degree battery. The Defendant was not tried on an
offense which could have subjected him to the jurisdiction of the criminal court
pursuant to either La.Ch.Code arts. 305 or 857; therefore the provision of La.Ch.Code
art. 863, permitting the trial court to retain criminal jurisdiction over juvenile
defendants under limited circumstances, is inapplicable, and jurisdiction remains
exclusively in juvenile court.

Accordingly, the ruling of the trial court denying Defendant’s motion in arrest
of judgment, as to his conviction for aggravated second degree battery, is hereby
reversed, vacated and set aside. The motion in arrest of judgment is granted, and the
conviction for aggravated second degree battery is vacated.

Further, the Defendant’s request for a stay of all matters in district court, as
well as those pending on other charges in juvenile court, is hereby denied.

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MTA JDP JTG