State of Louisiana v. Antonio Scoggins

STATE OF LOUISIANA
COURT OF APPEAL, THIRD CIRCUIT
P.O. Box 16577
Lake Charles LA 70616
(337) 433-9403

NOT DESIGNATED FOR PUBLICATION

Antonio Scoggins
David Wade Corr. Center DOC No. 573046
670 Bell Hill Road
Homer LA 71040-2150

REHEARING ACTION: January 21, 2015

Docket Number: 14 00980-KH

STATE OF LOUISIANA
VERSUS
ANTONIO SCOGGINS

Writ Application from Calcasieu Parish Case No. 07-14498

BEFORE JUDGES:

Hon. Jimmie C. Peters
Hon. James T. Genovese
Hon. John E. Conery

As counsel of record in the captioned case, you are hereby notified that the ruling on

the application for rehearing filed by Antonio Scoggins is:

REHEARING DENIED. In the “Application for Supervisory Writ of
Judicial Review/Relief Claim,” Relator asserted he was being unlawfully
denied work release pursuant to La.R.S.15:711. On October 30, 2014,
this court ordered the trial court to provide this court with a copy of the
transcript of October 10, 2014. Based on a review of that transcript, at
the hearing, Relator requested “restructuring of the sentence” and to be
sentenced “under [La.]R.S. 15:1144(a)” to a rehabilitation center. The
trial judge ruled on the claim presented at the hearing. At the hearing,
Relator did not argue his claim based on La.R.S. 15:711, nor did he
object to the trial court’s failure to rule on it. Thus, he waived the claim
presented in his written motion. State v. Wright, 02-1268 (La.App. 3 Cir.
3/5/03), 839 So.2d 1112. Accordingly, Relator’s application for rehearing
is denied.

cc: John Foster DeRosier, Counsel for the Respondent