STATE OF LOUISIANA v. ALBERT MORRIS (2016)

WICKER, J.

In this criminal proceeding, defendant, Albert Morris, Jr., challenges the sufficiency of the evidence presented against him at trial for his misdemeanor conviction for false imprisonment in violation of La. R.S. 14:46. For the following reasons, we dismiss defendant's writ application as moot.

On November 7, 2014, the Jefferson Parish District Attorney filed a bill of information charging defendant with false imprisonment in violation of La. R.S. 14:46. The matter proceeded to a bench trial and on June 16, 2015, the trial judge, the Honorable Ellen Kovach, found defendant guilty as charged. On June 23, 2016, the trial judge sentenced defendant to imprisonment in the parish prison for six months. At the sentencing hearing, defense counsel orally moved for a new trial, challenging the sufficiency of the evidence presented against him at trial. On July 12, 2016, after sentencing, defendant filed a written motion for new trial.

On October 24, 2016, defendant filed the instant writ application seeking review of his conviction for false imprisonment. However, the official record reflects that subsequent to the filing of this writ application, the trial judge heard and denied defendant's outstanding motion for new trial on November 7, 2016. Defendant then filed a second, timely writ application with this Court on December 7, 2016. In his second writ application, 16-KP-712, defendant again challenged the sufficiency of the evidence presented against him at trial to support his conviction for false imprisonment. Further, in that application, defendant contended that the issues raised in that application are identical to those raised herein. Defendant submitted to this Court that his second application renders the instant application “moot” and further contended that the instant writ application would be “withdrawn;” however, defendant has not filed a motion to dismiss the instant writ application.

After consideration of defendant's writ application in 16-KP-712, in which he argued that the evidence presented against him was insufficient to support his false imprisonment conviction, this Court affirmed defendant's conviction. See State v. Morris, 16-712 (La. App. 5 Cir. 12/29/2016). Consequently, the assignment of error raised in the instant writ application—challenging the sufficiency of the evidence presented against defendant to support his false imprisonment conviction—is moot. Accordingly, this writ is dismissed.

WRIT DISMISSED

SUSAN M. CHEHARDY CHIEF JUDGE

FREDERICKA H. WICKER

JUDE G. GRAVOIS

MARC E. JOHNSON

ROBERT A. CHAISSON

ROBERT M. MURPHY

STEPHEN J. WINDHORST

HANS J. LILJEBERG

JUDGES

FIFTH CIRCUIT

101 DERBIGNY STREET (70053)

POST OFFICE BOX 489

GRETNA, LOUISIANA 70054

www.fifthcircuit.org

CHERYL Q. LANDRIEU CLERK OF COURT

MARY E. LEGNON CHIEF DEPUTY CLERK

SUSAN BUCHHOLZ FIRST DEPUTY CLERK

MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF

(504) 376-1400

(504) 376-1498 FAX

NOTICE OF JUDGMENT AND CERTIFICATE OF DELIVERY

I CERTIFY THAT A COPY OF THE OPINION IN THE BELOW-NUMBERED MATTER HAS BEEN DELIVERED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 2-16.4 AND 2-16.5 THIS DAY DECEMBER 29, 2016 TO THE TRIAL JUDGE, CLERK OF COURT, COUNSEL OF RECORD AND ALL PARTIES NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

CHERYL Q. LANDRIEU CLERK OF COURT

16-KP-612

E-NOTIFIED

24TH JUDICIAL DISTRICT COURT (CLERK)

HONORABLE ELLEN SHIRER KOVACH (DISTRICT JUDGE)

TERRY M. BOUDREAUX

(RESPONDENT)

FRANK G. DESALVO (RELATOR)

MAILED

FREDERICKA HOMBERG WICKER JUDGE