State v. Edwards
| Citation | 133 So.3d 1261 |
| Decision Date | 21 February 2014 |
| Docket Number | No. 2013–KK–2497.,2013–KK–2497. |
| Parties | STATE of Louisiana v. Theron EDWARDS. |
| Court | Supreme Court of Louisiana |
OPINION TEXT STARTS HEREIn re Edwards, Theron;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 04–07–0121, Anthony J. Marabella, J.; to the Court of Appeal, First Circuit, No. 2013 KW 1104.
WRIT GRANTED. Petitioner presented a post-conviction claim of ineffective assistance of counsel regarding the imposition of an illegal sentence following his guilty plea for Indecent Behavior with Juveniles, in violation of La. R.S. 14:81.1 The claim was dismissed on procedural grounds as time barred. We grant the writ application and remand the case to the district court to be considered as a motion to correct an illegal sentence, which, if meritorious, is an exception to the time limitations for post-conviction applications. SeeLa.C.Cr.P. art. 882.
1.See La. R.S. 14:81H(1) which provides for a maximum sentence of seven years if the victim is over the age of 13.
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State v. Mead
...become final. See State ex rel. Burger v. State, 95–1578 (La.11/3/95), 661 So.2d 1373 ; State v. Edwards, 13–2497, p. 1 (La.2/21/14), 133 So.3d 1261, 1261–62. See also La.C.Cr.P. art. 882 cmt.(a) (“The phrase ‘at any time’ makes clear the court's authority to make a correction after the def......
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State v. Gibson, 2016–K–0132.
...to raise the motion even long after his conviction and sentence have become final. See State v. Edwards, 13–2497, p. 1 (La.2/21/14), 133 So.3d 1261, 1261–62 ; State ex rel. Burger v. State, 95–1578 (La.11/3/95), 661 So.2d 1373. See also La.C.Cr.P. art. 882 cmt.(a) (“The phrase ‘at any time’......
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