State Of Louisiana v. Sidney Frank Phillip, Jr

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2025 Kw 1004
VERSUS

SIDNEY FRANK PHILLIPS, JR. DECEMBER 11, 2025
In Re: Sidney Frank Phillips, Jr., applying for supervisory

writs, 32nd Judicial District Court, Parish of
Terrebonne, No. 828924,

BEFORE : THERIOT, PENZATO, AND BALFOUR, JJ.

WRIT GRANTED. “No application for post conviction relief,
including applications which seek an out-of-time appeal, shall be
considered if its filed more than two years after the judgment of
conviction and sentence has become final under the provisions of
Article 914 or 922[.1” La. Code Crim. P. art. 930.8(A). ™“{[A]
judgment rendered by [an] appellate court becomes final when the
delay for applying for a rehearing has expired and no application
therefor has been made.” La. Code Crim. P. art. 922(B). On
September 28, 2023, this court affirmed relator’s conviction and
sentence in this case, and he did not seek further review. The
judgment on relator’s appeal became final fourteen days later.
Accordingly, relator had until October 12, 2025, to seek
postconviction relief. Thus, the application for postconviction
relief filed in September 2025 is timely on its face.

Accordingly, the district court’s ruling denying the
application for postconviction relief is vacated and this matter
is remanded to the district court to order the district attorney
to file any procedural objections he may have, or an answer on the
merits if there are no procedural objections. If the district court
determines that the factual and legal issues can be resolved based
upon the application and answer, and supporting documents
submitted by either party or available to the court, the court may
grant or deny relief without further proceedings. See La. Code
Crim. P. art. 929(A).

FOR THE COURT