STATE OF LOUISIANA NO. 24-KH-420 VERSUS FIFTH CIRCUIT JONATHAN JOHNSON COURT OF APPEAL STATE OF LOUISIANA

September 16, 2024 Linda Wiseman First Deputy Clerk

IN RE JONATHAN JOHNSON APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE STEPHEN C. GREFER, DIVISION "J", NUMBER 94-5623, 94-6581

Panel composed of Judges Fredericka Homberg Wicker, John J. Molaison, Jr., and Scott U. Schlegel

WRIT DENIED In his writ application, relator, Jonathan Johnson, contends that the trial court erred by denying his motion for an out of time appeal and motion to set aside his guilty pleas as untimely. Relator contends that his guilty pleas are invalid because the trial court did not advise him of his right to a judge trial. For the following reasons, we deny relator’s writ application.

A motion for an out of time appeal and to withdraw a guilty plea after sentencing are requests for post-conviction relief that must be filed in accordance with the time limitations set forth in La. C.Cr.P. art. 930.8. See State v. Johnson, 18- 1462 (La. 4/29/19), 268 So.3d 290. An application for post-conviction relief shall not be considered if it is filed more than two years after the judgment of conviction and sentence has become final, unless an exception to the time limit applies. La. C.Cr.P. art. 930.8.

Relator pled guilty to theft in excess of $500 and unauthorized use of a movable in excess of $1,000 in 1995 and was sentenced to five years on each charge to run concurrently. Clearly, his request for post-conviction relief is untimely. Accordingly, we find that the trial court did not err by denying relator’s request for relief. This writ application is denied.

Gretna, Louisiana, this 16th day of September, 2024.

SUS FHW JJM SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT

SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. WISEMAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org

NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 09/16/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW:

24-KH-420 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Stephen C. Grefer (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Jonathan Johnson #119406 (Relator) Rayburn Correctional Center 27268 Highway 21 Angie, LA 70426