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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.
*354 See 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