STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA NO. 2022 KW 0342

VERSUS

PRESTON G. DEMOUCHET, JR. JULY 5, 2022

In Re: Preston G. Demouchet, Jr., applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 95- 141810.

BEFORE: McCLENDON, WELCH, AND HESTER, JJ.

WRIT DENIED. A conviction may not be collaterally attacked through a motion to correct an illegal sentence. See La. Code Crim. P. art. 881. 5. is well established that a pleading is It construed for what it really is and not for what it is labeled.

Rochon v. Young, 2008- 1349 ( La. App. 1st Cir. 2/ 13/ 09), 6 So. 3d 890, 892, writ denied, 2009- 0745 ( La. 1/ 29/ 10), 25 So. 3d 824.

If the inmate files a pleading that requests postconviction relief, the pleading should be treated as such, including the application of the time limit of article 930. 8. See State v. Jarrow, 2004- 0483 ( La. 9/ 24/ 04), 882 So. 2d 1160.

PMC JEW CHH

COURT OF APPEAL, FIRST CIRCUIT

l 0 DEPUTY CLERK OF COURT FOR THE COURT