2024KW1106 Nonprecedential Writ denied Processed

State Of Louisiana v. Justin Wayne Smith

Louisiana Court of Appeal, First Circuit · Filed February 10, 2025

Authorities cited

Identified automatically; this list may not be exhaustive.

State v. Counterman 475 So. 2d 336
336 La. 1985 not in our corpus
348 So. 3d 718 not in our corpus
State v. Johnson 237 So. 3d 1184

Opinion text

A

STATE OF LOUISIANA NO. 2024 KW 1106

VERSUS

JUSTIN WAYNE SMITH FEBRUARY 10, 2025

In Re: Justin Wayne Smith, applying for supervisory writs, 23rd
Judicial District Court, Parish of Ascension, No. 36290.

BEFORE: PENZATO, STROMBERG, AND CALLOWAY,' JJ.

WRIT DENIED. Relator failed to show that he is entitled to an
out -of -time appeal pursuant to State v. Counterman, 475 So. 2d 336
La. 1985) . See State v. Shakir, 2022- 01069 ( La. 10/ 18/ 22), 348
So. 3d 718, 719 ( per curiam); State v. Johnson, 2016- 2232 ( La.

3/ 9/ 18), 237 So. 3d 1184 ( per curiam). Furthermore, a petitioner

cannot appeal or seek review of a sentence imposed in conformity
with a plea agreement. See La. Code Crim. P. art. 881. 2( A)( 2).

ARP

TPS
CAC

COURT OF APPEAL, FIRST CIRCUIT

LilPUTY l

FOR
CLERK
THE
OF
COURT
COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal,
First Circuit, by special appointment of the Louisiana Supreme Court.

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