STATE v. MATTHEWS (2026)

Writ granted. The lower courts erred in construing defendant's motion for an appeal from his conviction in city court as a notice of intent to seek supervisory writs. Defendant was entitled to appeal his convictions in Bossier City Court for violating city code ordinances to the 26th Judicial District Court. R.S. 13:1896(B); see also State v. Short, 339 So.2d 326 (La. 1976); City of Bossier City v. Jacobs, 438 So.2d 639, 640 (La. App. 2 Cir. 1983) (“An appeal from a city court conviction for violation of a city ordinance lies to the district court of the parish in which the court of original jurisdiction is located.”).

Once defendant made his timely motion for appeal and a return date was set, the city court clerk was required to lodge the record on appeal with the district court. See R.S. 13:1897. In the context of an appeal, the return date “fixes the time within which the clerk shall prepare and deliver the transcript of the record to the appellate court.” State v. Lavene, 343 So.2d 185, 187 (La. 1977) (citing La.C.Cr.P. art. 917). Thus, the failure of defendant to pursue his appeal by the return date did not invalidate his appeal, and the district court and court of appeal erred in finding his appeal of his convictions untimely. See La.C.Cr.P. art. 915.1(B); see also State v. Jackson, 2007-0084, pp. 18-20 (La. App. 5 Cir. 6/26/07), 963 So.2d 432, 443.

Accordingly, we reverse the decision of the court of appeal and remand to the Bossier City Court. That court is ordered to direct its clerk to prepare and lodge the record of appeal with the district court within 30 days, and the district court is ordered to proceed with the appeal of defendant's convictions as provided for by R.S. 13:1896(B).

REVERSED AND REMANDED.

PER CURIAM