State Of Louisiana v. Drayton Holley

Supreme Court of Louisiana
December 21, 2021
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
DRAYTON HOLLEY
No. 2021-KK-01419
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I
N RE: Drayton Holley - Applicant Defendant; Applying For Supervisory Writ,
Parish of Orleans Criminal, Criminal District Court Number(s) 541- 986, Court of
Appeal, Fourth Circuit, Number(s) 2021-K-0480;
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December 21, 2021
Writ application granted. See per curiam.
JLW
JDH
SJC
JTG
WJC
JBM
PDG
12/21/2021 "See News Release 051 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 2021-KK-01419
STATE OF LOUISIANA
VS.
DRAYTON HOLLEY
On Supervisory Writ to the Criminal District Court, Parish of Orleans Criminal
PER CURIAM
Writ granted. Defendant filed a motion pursuant to La.C.Cr.P. art. 897
requesting the court terminate his probation and conditions thereof early.
Defendant had served more than one year of probation at that time, and the trial
court held a contradictory hearing with the state on the motion, at which point the
state expressed no opposition to the motion. The court acted within its discretion
when it granted the defendant’s motion on June 29, 2021, and terminated
defendant’s probation and conditions thereof, including a requirement that
defendant register as a sex offender. Defendant’s sentence was deemed satisfied at
that time. La.C.Cr.P. art. 898. As such, the trial court did not have jurisdiction
when it subsequently reconsidered its ruling and reinstated the sex offender
registration requirement. Accordingly, the ruling of the trial court reinstating
defendant’s sex offender registration requirement is reversed, and the court’s prior
order of June 29, 2021, terminating probation and all conditions thereof is
reinstated.
12/21/21