No. 2011-KK-1607 Precedential Denied Processed

State v. Lewis

Louisiana Supreme Court · Filed August 8, 2011 · 67 So. 3d 1236

Also decided on this docket: La., August 8, 2011 67 So. 3d 1236

Cited by

State ex rel. Nicholas v. State 192 So. 3d 729 La. 2016
State v. Mead 165 So. 3d 1044 La. Ct. App. 1st Cir. 2015

Opinion text

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 377-032; to the Court of Appeal, Fourth Circuit, No. 2011-K-0569. Writ granted. Defendant’s motion, although styled a “Motion to Correct Illegal Sentence/Motion for Order of Specific Performance of Plea Agreement,” is in fact a petition for post-conviction relief, which the trial court granted. Defendant’s motion was filed twelve years after his conviction and sentence became final and is time barred pursuant to the provisions of La. C.Cr.P. art. 930.8. Accordingly, the ruling of the trial court is reversed and vacated and defendant’s motion is hereby denied. JOHNSON, J., would deny.