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 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