No. KA-1276/1277 Precedential Dismissed Processed

State v. Berry

Louisiana Court of Appeal, First Circuit · Filed January 12, 1984 · 445 So. 2d 763

Cited by

State v. Martin 482 So. 2d 189 La. Ct. App. 1st Cir. 1986
State v. Davis 480 So. 2d 495 La. Ct. App. 5th Cir. 1985
State v. Bradley 445 So. 2d 209 La. Ct. App. 4th Cir. 1984

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Manuel 349 So. 2d 882
State v. Haynes 255 La. 52
State v. Bruno 253 La. 669

Opinion text

CIACCIO, Judge. Defendant, Kevin Berry, appealed to this Court from a ruling of the district court which revoked his probation. No motion to dismiss the appeal has been filed in this Court. It has come to our attention, however, that defendant has no right of appeal from the revocation of his probation. Such a ruling can be reviewed by the court only under its supervisory jurisdiction. State v. Manuel, 349 So.2d 882 (La.1977); State v. Haynes, 255 La. 52 , 229 So.2d 697 (1969); State v. Bruno, 253 La. 669 , 219 So.2d 490 (1969). cf. La. Const. of 1974 Art. 5 Sec. 10, La.C.Cr.P. Arts. 912 and 912.1. On December 12, 1983, we issued an order requesting appellant to show cause why the appeal should not be dismissed. Neither party responded to this order. Accordingly, in light of the above cited authorities, this appeal is dismissed ex pro-prio motu. APPEAL DISMISSED.