State Of Louisiana v. Preston G. Demouchette, Jr.
State Of Louisiana v. Preston G. Demouchette, Jr., No. 2022KW0342 (La. Ct. App. 1st Cir. July 5, 2022).
Authorities cited
Identified automatically; this list may not be exhaustive.
- Rochon v. Young 6 So. 3d 890
- STATE EX REL. FLOYD v. State 25 So. 3d 824
- State v. Jarrow 882 So. 2d 1160
Opinion text
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 0342
VERSUS
PRESTON G. DEMOUCHET, JR. JULY 5, 2022
In Re: Preston G. Demouchet, Jr., applying for supervisory
writs, 16th Judicial District Court, Parish of St.
Mary, No. 95- 141810.
BEFORE: McCLENDON, WELCH, AND HESTER, JJ.
WRIT DENIED. A conviction may not be collaterally attacked
through a motion to correct an illegal sentence. See La. Code
Crim. P. art. 881. 5.
is well established that a pleading is
It
construed for what it really is and not for what it is labeled.
Rochon v. Young, 2008- 1349 ( La. App. 1st Cir. 2/ 13/ 09), 6 So. 3d
890, 892, writ denied, 2009- 0745 ( La. 1/ 29/ 10), 25 So. 3d 824.
If the inmate files a pleading that requests postconviction
relief, the pleading should be treated as such, including the
application of the time limit of article 930. 8. See State v.
Jarrow, 2004- 0483 ( La. 9/ 24/ 04), 882 So. 2d 1160.
PMC
JEW
CHH
COURT OF APPEAL, FIRST CIRCUIT
l 0
DEPUTY CLERK OF COURT
FOR THE COURT