STATE OF LOUISIANA NO. 24-KH-634 VERSUS FIFTH CIRCUIT TERROL COLE COURT OF APPEAL STATE OF LOUISIANA

February 21, 2025 Morgan Naquin Deputy Clerk

IN RE TERROL COLE APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-FOURTH JUDICIAL DISTRICT COURT, PARISH OF JEFFERSON, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE MICHAEL P. MENTZ, DIVISION "F", NUMBER 10-968

Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Marc E. Johnson

WRIT DENIED Relator, Terrol Cole, seeks review of the trial court’s November 20, 2024 denial of his application for post-conviction relief (“APCR”). In his APCR, Relator argued that the State failed to commence his trial within the two-year provision set forth in La. C.Cr.P. art. 578(A)(2) for his 2014 conviction for second degree murder.

In its denial, the trial court pretermitted discussion of the merits of Relator’s APCR, finding it to be untimely.

After review, we find the trial court properly denied Relator’s APCR.

Relator’s APCR did not set forth an exception to the La. C.Cr.P. art. 930.8 time limitations. Accordingly, the writ application is denied.

Gretna, Louisiana, this 21st day of February, 2025.

MEJ SMC JGG 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 02/21/2025 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-634 E-NOTIFIED 24th Judicial District Court (Clerk) Honorable Michael P. Mentz (DISTRICT JUDGE) Thomas J. Butler (Respondent) MAILED Terrol Cole #405030 (Relator) Louisiana State Penitentiary Angola, LA 70712