STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2020 KW 1319 VERSUS

JONATHAN DEWAYNE YORK MARCH 15, 2021

In Re: Jonathan Dewayne York, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 05- 11- 0567.

BEFORE: MCDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED. Relator' s claim that his conviction was

obtained with an improperly constituted jury venire is waived by his failure to raise this issue in a pretrial motion to quash.

See State v. Woods, 2020- 0642 ( La. lst Cir. 11/ 9/ 20), 2020 App. WL 6558301 ( unpublished); State v. Thornton, 2019- 1029 ( La. App. 1st Cir. 7/ 23/ 20), 2020 WL 4218268 ( unpublished). Furthermore, if the substantive issue an failed to has attorney raise no merit, then the claim the ineffective for attorney was failing to raise the issue also has no merit. State ex rel. Raper v. Cain, 99- 2173 ( La. App. 1st Cir. 10/ 26/ 99), 763 So. 2d 1, 5( per curiam), writ denied, 2000- 0975 ( La. 11/ 17/ 00), 773 So. 2d 733.

MR AHP

Holdridge, J., concurs and would deny the writ application on the showing made.

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY LERK OF COURT FOR THE COURT