STATE EX REL. LYNDON JOHNSON
STATE OF LOUISIANA
SUPERVISORY WRITS TO THE TWENTY-FOURTH JUDICIAL DISTRICT
COURT, PARISH OF JEFFERSON
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. In addition, relator's sentencing claim is not
cognizable on collateral review. See La.C.Cr.P. art.
930.3; State ex rel. Melinie v. State, 93-1380 (La.
1/12/96), 665 So.2d 1172; see also State v. Cotton,
09-2397 (La. 10/15/10), 45 So.3d 1030. We attach hereto and
make a part hereof the court of appeal's written reasons
denying relator's writ application.
has now fully litigated at least two applications for
post-conviction relief in state court. Similar to federal
habeas relief, see 28 U.S.C. § 2244, Louisiana
post-conviction procedure envisions the filing of a second or
successive application only under the narrow circumstances
provided in La.C.Cr.P. art. 930.4 and within the limitations
period as set out in La.C.Cr.P. art. 930.8. Notably, the
Legislature in 2013 La. Acts 251 amended that article to make
the procedural bars against successive filings mandatory.
Relator's claims have now been fully litigated in accord
with La.C.Cr.P. art. 930.6, and this denial is final.
Hereafter, unless he can show that one of the narrow
exceptions authorizing the filing of a successive application
applies, relator has exhausted his right to state collateral
review. The district court is ordered to record a minute
entry consistent with this per curiam.
CIRCUIT COURT OF APPEAL STATE OF LOUSIANA
seeks review of the ruling of the trial court denying his
"Motion to Correct Illegal Sentence Nunc Pro Tunc,
Withdraw Plea, and Expungement of Records."
official trial court record shows that on August 21, 2002,
relator pled guilty in case #01-2706 in the 24th
Judicial District Court for the Parish of Jefferson to count
one, simple escape in violation of La. R.S. 14:110; and count
two, simple criminal damage to property, a police unit
window, with the damage amounting to between $500.00 and $50,
000.00, in violation of La. R.S. 14:56, and was sentenced to
four years at hard labor on count one, and two years at hard
labor on count two, with the sentences to be served
consecutively. In case #01-2707 in the 24th
Judicial District Court for the Parish of Jefferson, relator
pled guilty to one count of simple criminal damage to
property under $500.00 and was sentenced to six months,
concurrently with his sentences in #01-2706. Relator did not
appeal from these convictions and sentences.
on August 21, 2002, relator pled guilty in case #02-2015 in
the 24thJudicial District Court for the Parish of
Jefferson to one count of possession with intent to
distribute cocaine, a violation of La. R.S. 40:967, sections
A and F, and was sentenced to two years without benefit of
probation, parole or suspension of sentence. That same day,
relator pled guilty in case #02-2016 to one count of
willfully and unlawfully opposing an officer of the law, a
violation of La. R.S. 14:108A; one count of knowingly or
intentionally possessing drug paraphernalia, a violation of
La. R.S. 40:1033; and one count of possession of marijuana, a
violation of La. R.S. 40:966C, and was sentenced to six
months on each count, to run concurrently with the sentence
imposed in case #02-2015 and in cases #01-2706 and #01-2707.
Relator did not appeal from these convictions and sentences.
August 23, 2002, in case #01-2706, relator pled guilty to a
habitual offender bill of information charging him as a third
felony offender. His four-year sentence on count one, simple
escape in violation of La. R.S. 14:110, was vacated and he
was resentenced to four years at hard labor without benefit
of probation, parole or suspension ...