State Of Louisiana v. Preston G. Demouchette, Jr.
This text of State Of Louisiana v. Preston G. Demouchette, Jr. (State Of Louisiana v. Preston G. Demouchette, Jr.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 0342
VERSUS
PRESTON G. DEMOUCHET, JR. JULY 5, 2022
In Re: Preston G. Demouchet, Jr., applying for supervisory writs, 16th Judicial District Court, Parish of St.
Mary, No. 95- 141810.
BEFORE: McCLENDON, WELCH, AND HESTER, JJ.
WRIT DENIED. A conviction may not be collaterally attacked through a motion to correct an illegal sentence. See La. Code
Crim. P. art. 881. 5. is well established that a pleading is It
construed for what it really is and not for what it is labeled. Rochon v. Young, 2008- 1349 ( La. App. 1st Cir. 2/ 13/ 09), 6 So. 3d 890, 892, writ denied, 2009- 0745 ( La. 1/ 29/ 10), 25 So. 3d 824. If the inmate files a pleading that requests postconviction
relief, the pleading should be treated as such, including the
application of the time limit of article 930. 8. See State v.
Jarrow, 2004- 0483 ( La. 9/ 24/ 04), 882 So. 2d 1160.
PMC JEW
CHH
l 0 DEPUTY CLERK OF COURT FOR THE COURT
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