State Of Louisiana v. Jose Humberto Garcia

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

oTATE OF LOUISTANA NO. 2025 KW 0399

VERSUS

JOSE HUMBERTO GARCIA JULY 28, 2025

In Re: Jose Humberto Garcia, applying for supervisory writs,
32nd Judicial District Court, Parish of Terrebonne, No.
587405.

BEFORE : THERIOT, LANIER, AND MILLER, JJ.

WRIT DENIED. Relator’s application for postconviction relief
is untimely and he failed to establish an exception to the time
limitation set forth in La. Code Crim. P. art. 930.8(A). If an
application for postconviction relief is untimely under Article
930.8, it should not be considered on the merits. See State v.
LeBlanc, 2006-0169 (La. 9/15/06), 937 So.2d 844 (per curiam).
Further, the time for filing an application for review is not to
exceed thirty days from the date of the ruling. Uniform Rules of
Louisiana Courts of Appeal, Rule 4-3. The instant writ application,
filed over nine years after the ruling at issue, is untimely, and
relator does not provide an explanation for the delay.

MRT
WIL
SMM

COURT OF APPEAL, FIRST CIRCUIT

RK OF COURT
FOR THE COURT