State v. Marse
Docket: No. 94-KA-849
Court: Louisiana Court of Appeal; February 14, 1995; Louisiana; State Appellate Court
James Marse was charged with possession of marijuana, violating La.R.S. 40:966C. He pleaded not guilty on May 12, 1994, and subsequently filed a motion to suppress evidence. The trial court denied this motion on June 29, 1994. Marse then changed his plea to guilty under La.R.S. 40:983, which allows for a conditional discharge for first-time offenders, while reserving the right to appeal the suppression motion denial as permitted by State v. Crosby. On July 1, 1994, the trial court granted his motion to appeal. However, it was established that a plea under La.R.S. 40:983 is not subject to appeal because it constitutes a non-final disposition, as clarified in State v. Harper and State v. Barconey. On December 9, 1994, the Court issued an order noting an increase in non-appealable matters incorrectly filed as appeals. The Court decided to stop converting such appeals to writs for judicial economy, emphasizing adherence to procedural rules in the Louisiana Code of Civil and Criminal Procedure. Consequently, Marse's appeal was dismissed, but he retained the right to seek a review of the suppression motion denial through the court's supervisory jurisdiction.