STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 0010 VERSUS

DARRYL ANDREW GRIMMER MAR 0 3 2020 In Re: Darryl Andrew Grimmer, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 32110.

BEFORE: WHIPPLE, C. J., GUIDRY AND LANIER, JJ.

WRIT GRANTED. Relator timely filed an application for postconviction relief requesting an out -of -time appeal. See La. Code Crim. P. art. 930. 8( A); State v. Counterman, 475 So. 2d 336, 339 ( La. 1985). There is no appeal pending in this court in this matter. Thus, the district court' s ruling dismissing relator' s application for postconviction relief is vacated, and the matter is remanded for reconsideration in light of Counterman.

VGW JMG WIL

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CLERK OF COURT FOR THE COURT