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Mayor's Court of Golden Meadow v. Weeks
Citation: 442 So. 2d 749Docket: No. 83 KA 1004
Court: Louisiana Court of Appeal; November 21, 1983; Louisiana; State Appellate Court
The court has ordered the parties to demonstrate why the appeal should not be dismissed due to non-appealability. The defendant, Grady C. Weeks, was convicted of speeding and fined $50.00 plus costs by the Mayor's Court of Golden Meadow. He appealed this conviction to the Seventeenth Judicial District Court, which upheld the original judgment. Weeks then appealed to this court. The law states that criminal cases with potential punishments not exceeding six months of imprisonment are not subject to jury trials (La. Const, art. I. 17). Since the offense in question does not carry a punishment greater than six months, it is not appealable to this court, which only hears jury-eligible cases (La. Const, art. V. 10(A)(3)). Instead, the appropriate remedy for the defendant is to file an application for a writ of review (La. Code of Crim. P. art. 912.1(C)). Citing precedent from State v. Ritter, the court reaffirmed that a conviction for a non-jury trial offense does not confer appellate rights. Consequently, the appeal is dismissed, with costs imposed on the appellant.