State Of Louisiana v. Deshawn Michael James Sheppard ( 2019 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2019 KW 1457
VERSUS
DESHAWN MICHAEL JAMES
HEPPARD DECpZ 3 2019
In Re: DeShawn Michael James Sheppard, for
applying
supervisory writs, 32nd Judicial District Court,
Parish of Terrebonne, No. 750, 513.
BEFORE: HIGGINBOTHAM, PENZATO, AND LANIER, JJ.
WRIT DENIED. The claim that the State offered relator three
years in exchange for his is the
guilty plea not supported by
documents attached to the writ application. Furthermore,
relator' s claim is contrary to the facts and procedural history
noted in this court' s opinion on relator' s appeal. See State v.
Sheppard, 2018- 1412 ( La. App. 1st Cir. 6/ 27/ 19), 2019 WL 2635678unpublished). Therefore, relator failed to meet his burden of
proving that he is entitled to postconviction relief under
Lafler v. Cooper, 566 U. S. 156, 132 S. Ct. 1376, 182 L. Ed. 2d 3982012), and Missouri v. Frye, 566 U. S. 133, 132 S. Ct. 1399, 182
L. Ed. 2d 379 ( 2012). See La. Code Crim. P. art. 930. 2.
Accordingly, the district did
court not err
by denying the
application for postconviction relief without holding an
evidentiary hearing.
TMH
AHP
WIL
COURT OF APPEAL, FIRST CIRCUIT
r
JAA 11,
101 A of
DEP TY CLERK OF COURT
FOR THE COURT