No. 2013-KK-2497 Precedential Processed

State v. Edwards

Louisiana Supreme Court · Filed February 21, 2014 · 133 So. 3d 1261

Cited by

State v. Gibson 192 So. 3d 132 La. Ct. App. 1st Cir. 2016
State v. Mead 165 So. 3d 1044 La. Ct. App. 1st Cir. 2015

Opinion text

In re Edwards, Theron; — Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 04-07-0121, Anthony J. Marabella, J.; to the Court of Appeal, First Circuit, No. 2013 KW 1104. WRIT GRANTED. Petitioner presented a post-conviction claim of ineffective assistance of counsel regarding the imposition of an illegal sentence following his guilty plea for Indecent Behavior with Juveniles, in violation of La. R.S. 14:81. 1 The claim was dismissed on procedural grounds as time barred. We grant the writ application and remand the case to the district court to be considered as a motion to correct an illegal sentence, which, if meritorious, is an exception to the *1262 time limitations for post-conviction applications. See La.C.Cr.P. art. 882. . See La. R.S. 14:81H(1) which provides for a maximum sentence of seven years if the victim is over the age of 13.