Jeffery Jones v. Louisiana Department of Public Safety and Corrections
Jeffery Jones v. Louisiana Department of Public Safety and Corrections, No. 2024CA0043 (La. Ct. App. 1st Cir. Dec. 5, 2024).
Opinion text
STATE OF LOUISIANA
F*
1611101,
FIRST CIRCUIT
NO. 2024 CA 0043
DO
JEFFERY JONES
VERSUS
LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONS
Judgment Rendered:
On Appeal from the
19th Judicial District Court
In and for the Parish of East Baton Rouge
State of Louisiana
Trial Court No. 728065
Honorable Ronald R. Johnson, Judge Presiding
Jeffery Jones Plaintiff A
- ppellant,
St. Gabriel, LA Pro Se
Grant Lloyd Willis Attorney for Defendant -Appellee,
Baton Rouge, LA Louisiana Board of Pardons and
Committee on Parole
Robert R. Rochester Jr. Attorney for Defendant -Appellee,
Baton Rouge, LA Louisiana Department of Public Safety and
Corrections
BEFORE: THERIOT, CHUTZ, AND RESTER, Ji.
HESTER, J.
Jeffery Jones, an inmate incarcerated at Elayn Hunt Correctional Center in the
Parish of Iberville, appeals the district court' s judgment dismissing, with prejudice,
his petition for judicial review for failure to state a claim for which relief may be
granted and peremption. Jones' petition alleged his parole was revoked without
conducting a revocation hearing and requested that Louisiana Department of Public
Safety and Corrections and Louisiana Board of Pardons ( the " Board") conduct a
parole revocation hearing in his case.
Jones' parole records produced by the Board indicated that his parole was
revoked effective February 13, 2015, as provided by law. His parole was revoked
pursuant to La. R.S. 15: 574. 10, which provides, in part, that when a person is
convicted of a felony committed while on parole, his parole shall be deemed revoked
as of the date of the commission of the felony. Jones filed his petition for judicial
review on January 24, 2023, well beyond the ninety -day peremptive period set forth
in La. R.S. 15: 574. 11( D) for petitions alleging a denial of a revocation hearing.
After a thorough review of the record and relevant jurisprudence, we find no
error of law or abuse of discretion by the district court. Accordingly, we affirm the
district court' s judgment in accordance with Uniform Rules -Courts of Appeal, Rule
2- 16. 2A( 5), ( 6), ( 7), and ( 8). All costs associated with the appeal are assessed
against appellant, Jeffery Jones.
AFFIRMED.
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