State Of Louisiana v. Kenneth Wayne Whitmore

Supreme Court of Louisiana
May 07, 2024
Chief Deputy Clerk of Court
For the Court
The Supreme Court of the State of Louisiana
STATE OF LOUISIANA
VS.
KENNETH WAYNE WHITMORE
No. 2024-KP-00053
_ _ _ _ _ _
IN RE
: State of Louisiana, through the Louisiana Department of Natural Resources
- Applicant Plaintiff; Applying For Supervisory Writ, Parish of East Baton Rouge,
19th Judicial District Court Number(s) 05- 75-8614, Court of Appeal, First Circuit,
Number(s) 2023 KW 0433;
_ _ _ _ _ _
May 07, 2024
Writ application granted. See per curiam.
SJC
JLW
JDH
JTG
WJC
JBM
PDG
05/07/2024 "See News Release 021 for any Concurrences and/or Dissents."

SUPREME COURT OF LOUISIANA
No. 24-KP-0053
STATE OF LOUISIANA
v.
KENNETH WAYNE WHITMORE
ON SUPERVISORY WRITS TO THE NINETEENTH
JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE
PER CURIAM:
Writ granted. The judgment of the district court granting in part applicant’s
motion for probation and ordering an evidentiary hearing is reversed. See State v.
Thomas, 07-0634 (La. 1/11/08), 972 So.2d 323. Moreover, applicant’s claim that
the sentencing judge was not aware of his sentencing discretion is a claim for post -
conviction relief, which is subject to the time limitations set forth at La.C.Cr.P. art.
930.8. See State ex rel. Glover v. State , 93-2330 (La. 9/5/95), 660 So.2d 1189. The
claim is therefore untimely, and he fails to show that an exception applies.
La.C.Cr.P. art. 930.8.
05/07/24