A

STATE OF LOUISIANA NO. 2024 KW 1106

VERSUS

JUSTIN WAYNE SMITH FEBRUARY 10, 2025

In Re: Justin Wayne Smith, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 36290.

BEFORE: PENZATO, STROMBERG, AND CALLOWAY,' JJ.

WRIT DENIED. Relator failed to show that he is entitled to an out -of -time appeal pursuant to State v. Counterman, 475 So. 2d 336 La. 1985) . See State v. Shakir, 2022- 01069 ( La. 10/ 18/ 22), 348 So. 3d 718, 719 ( per curiam); State v. Johnson, 2016- 2232 ( La. 3/ 9/ 18), 237 So. 3d 1184 ( per curiam). Furthermore, a petitioner

cannot appeal or seek review of a sentence imposed in conformity with a plea agreement. See La. Code Crim. P. art. 881. 2( A)( 2).

ARP TPS CAC

COURT OF APPEAL, FIRST CIRCUIT

LilPUTY l FOR CLERK THE OF COURT COURT

Calloway, J., serving as judge pro tempore of the Court of Appeal, First Circuit, by special appointment of the Louisiana Supreme Court.