State of Louisiana Versus Jonathan Johnson

STATE OF LOUISIANA NO. 24-KH-420

VERSUS FIFTH CIRCUIT

JONATHAN JOHNSON COURT OF APPEAL

STATE OF LOUISIANA

September 16, 2024

Linda Wiseman
First Deputy Clerk

IN RE JONATHAN JOHNSON

APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT,
PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C. GREFER,
DIVISION "J", NUMBER 94-5623, 94-6581

Panel composed of Judges Fredericka Homberg Wicker,
John J. Molaison, Jr., and Scott U. Schlegel

WRIT DENIED

In his writ application, relator, Jonathan Johnson, contends that the trial court
erred by denying his motion for an out of time appeal and motion to set aside his
guilty pleas as untimely. Relator contends that his guilty pleas are invalid because
the trial court did not advise him of his right to a judge trial. For the following
reasons, we deny relator’s writ application.

A motion for an out of time appeal and to withdraw a guilty plea after
sentencing are requests for post-conviction relief that must be filed in accordance
with the time limitations set forth in La. C.Cr.P. art. 930.8. See State v. Johnson, 18-
1462 (La. 4/29/19), 268 So.3d 290. An application for post-conviction relief shall not
be considered if it is filed more than two years after the judgment of conviction and
sentence has become final, unless an exception to the time limit applies. La. C.Cr.P.
art. 930.8.

Relator pled guilty to theft in excess of $500 and unauthorized use of a
movable in excess of $1,000 in 1995 and was sentenced to five years on each charge
to run concurrently. Clearly, his request for post-conviction relief is
untimely. Accordingly, we find that the trial court did not err by denying relator’s
request for relief. This writ application is denied.

Gretna, Louisiana, this 16th day of September, 2024.

SUS
FHW
JJM

SUSAN M. CHEHARDY CURTIS B. PURSELL

CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ
FREDERICKA H. WICKER
CHIEF DEPUTY CLERK
JUDE G. GRAVOIS
MARC E. JOHNSON
STEPHEN J. WINDHORST LINDA M. WISEMAN
JOHN J. MOLAISON, JR.
FIRST DEPUTY CLERK
SCOTT U. SCHLEGEL
TIMOTHY S. MARCEL FIFTH CIRCUIT
MELISSA C. LEDET
JUDGES 101 DERBIGNY STREET (70053)
DIRECTOR OF CENTRAL STAFF
POST OFFICE BOX 489
GRETNA, LOUISIANA 70054 (504) 376-1400

(504) 376-1498 FAX
www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN
TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS
DAY 09/16/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF
THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY
COUNSEL, AS LISTED BELOW:

24-KH-420
E-NOTIFIED
24th Judicial District Court (Clerk)
Honorable Stephen C. Grefer (DISTRICT JUDGE)
Thomas J. Butler (Respondent)

MAILED
Jonathan Johnson #119406 (Relator)
Rayburn Correctional Center
27268 Highway 21
Angie, LA 70426