State Of Louisiana v. Preston G. Demouchette, Jr.

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

COURT OF APPEAL, FIRST CIRCUIT

l 0

DEPUTY CLERK OF COURT FOR THE COURT