Supreme Court of Louisiana, 2011

State v. Lewis

State v. Lewis
Supreme Court of Louisiana · Decided August 8, 2011 · Deny, Johnson
67 So. 3d 1236; 2011 La. LEXIS 1891 (Southern Reporter, Third Series)

State v. Lewis

Opinion of the Court

In re State of Louisiana; — Plaintiff; Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. D, No. 377-032; to the Court of Appeal, Fourth Circuit, No. 2011-K-0569.

Writ granted. Defendant’s motion, although styled a “Motion to Correct Illegal Sentence/Motion for Order of Specific Performance of Plea Agreement,” is in fact a petition for post-conviction relief, which the trial court granted. Defendant’s motion was filed twelve years after his conviction and sentence became final and is time barred pursuant to the provisions of La. C.Cr.P. art. 930.8. Accordingly, the ruling of the trial court is reversed and vacated and defendant’s motion is hereby denied.

JOHNSON, J., would deny.

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