STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2022 KW 0060

VERSUS

ORLANDO CHARLES LUNDIE MARCH 14, 2022

In Re: Orlando Charles Lundie, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 596, 042.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED. Relator has not shown that his prior felony conviction for possession of cocaine, while not a crime of violence, has been set aside and dismissed pursuant to La. Code Crim. P. arts. 893( E)( 2), ( 3), or ( 4). Accordingly, La. R. S.

15: 529. 1( C)( 3) does not apply to relator; and thus, he failed to present a prima facie case of ineffective assistance of counsel at the habitual offender proceedings. Therefore, relator' s reliance upon State v. Robinson, 2019- 01330 ( La. 11/ 24/ 20), 304 So. 3d 846, 847 and State v. Harris, 2018- 1012 ( La. 7/ 9/ 20), 2020 WL 3867207 is misplaced.

JMG GH WRC

COURT OF APPEAL, FIRST CIRCUIT

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4cv-, kt" Y CLERK OF COURT FOR THE COURT