State ex rel. Lewis v. State , 2017 La. LEXIS 1630 ( 2017 )


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  • ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS

    PER CURIAM:

    h Denied. Relator does not identify an illegal term in his sentence, and therefore, his filing is properly construed as an application for post-conviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694. As such, it is subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator’s application was not timely filed in the district court, and he fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189.

    Moreover, relator has previously exhausted his right to state collateral review. *354See State ex rel. Lewis v. State, 15-1558 (La. 9/16/16), 201 So.3d 242.

Document Info

Docket Number: No. 2016-KH-0347

Citation Numbers: 224 So. 3d 353, 2017 La. LEXIS 1630, 2017 WL 3375340

Filed Date: 8/4/2017

Precedential Status: Precedential

Modified Date: 10/19/2024