2024CA0043 Nonprecedential Affirmed Processed

Jeffery Jones v. Louisiana Department of Public Safety and Corrections

Louisiana Court of Appeal, First Circuit · Filed December 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 Jones' petition alleged his parole was revoked without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 His parole was revoked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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