City of Alexandria vs Frank Rambin
On January 14, 2011, Defendant, Frank L. Rambin, was cited in Alexandria for speeding, in violation of La.R.S. 32:63.
Defendant appeared for trial on the offense on March 24, 2011.
After considering the evidence presented, the city court found Defendant guilty as charged, fined him fifty dollars, ordered him to pay $120.00 in court costs, and directed Defendant to serve five days in jail if he defaulted on the fine and court costs.
The record shows that Defendant promptly paid both the fine and the court costs.
Thereafter, Defendant filed a pro se “Motion and Order for Appeal” with the city court;
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Under La.Code Crim.P. art. 912.1(B), defendants in criminal cases may only appeal their convictions when their cases are triable by jury.
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Therefore, because the potential penalty for speeding does not meet the criteria that would make the offense eligible for a jury trial, Defendant’s speeding conviction and sentence are not appealable judgments.
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Though his conviction and sentence are not appealable, Defendant has the right to seek judicial review of those judgments by timely filing an application for supervisory review with this court. La.Code Crim.P. art. 912.1(C).
