STATE v. WASHINGTON (2026)

Defendant, Christopher Washington, seeks review of the trial court's ruling on June 9, 2025, which denied his motion for new trial. For the reasons that follow, we dismiss this appeal.

On April 30, 2024, the District Attorney for the Twenty-Third Judicial District charged defendant with domestic abuse battery in violation of La. R.S. 14:35.3. Following a bench trial on September 9, 2024, the trial court convicted defendant of first offense domestic abuse battery. The trial court sentenced defendant to six months in parish prison with 48 hours to be served without the benefit of probation, parole, or suspension of sentence. The trial court suspended the remainder of the sentence with the condition that defendant perform eight 8-hour days of community service, complete a court-monitored domestic abuse intervention program, and further notified defendant that he could not own or possess a firearm during the entirety of the six-month sentence. Defendant did not file a writ application seeking supervisory review of his misdemeanor conviction and sentence.¹

Almost six months later on March 5, 2025, defendant filed a motion for new trial. Following a hearing on June 9, 2025, the trial court denied the motion. Defense counsel then asked for a return date to file a writ application, and the trial court granted 30 days. On June 12, 2025, defense counsel also filed a “Notice of Intent To File Appeal.” In the Notice of Intent, counsel indicated her “intent to file an appeal with the First Circuit Court of Appeal, seeking review of this courts (sic) orders rendered on June 9, 2025.” However, in the following sentence, counsel stated that “[i]n accordance with the Uniform Rules of Louisiana Courts of Appeal, Rule 4-3, [defense counsel] respectfully prays for a return date in accordance with law.” The order provided with the Notice of Intent and signed by the trial court on June 16, 2025, states as follows:

Considering the foregoing NOTICE OF INTENT TO APPEAL:

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the movers’ application for appeal be filed with the First Circuit Court of Appeal within the applicable time allowed by law.

Defendant did not file a writ application with this Court within the thirty days granted by the trial court after the denial of his motion for new trial. The Clerk of Court for the Twenty-Third Judicial District Court for the Parish of St. James subsequently lodged an appellate record in the captioned matter with this Court on December 22, 2025.

Upon review, we find that this Court lacks appellate jurisdiction. Defendant does not have the right to appeal the denial of the motion for new trial at issue in this matter. See La. C.Cr.P. arts. 912 and 912.1. Further, La. C.Cr.P. art. 853 requires a motion for new trial to be filed and disposed of prior to sentence, unless the grounds involve new and material evidence or the defendant is a victim of human trafficking. Neither of those exceptions is applicable here.

Accordingly, we dismiss this appeal.

APPEAL DISMISSED

FOOTNOTES

1.   Appellate jurisdiction extends only to cases that are triable by a jury. State v. Fink, 20-115 (La. App. 5 Cir. 3/20/20), 293 So.3d 796 (citing La. Const. art. 5 § 10; La. C.Cr.P. article 912.1).

SCHLEGEL, J.