State Of Louisiana v. Victor Covington

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0919

VERSUS

VICTOR COVINGTON DECEMBER 21, 2020

In Re: Victor Covington, applying for supervisory writs, 20th Judicial District Court, Parish of East Feliciana, No. 96 - CR - 1253.

BEFORE: WHIPPLE, C. J., WELCH AND CHUTZ, JJ.

WRIT DENIED. A is determined its pleading' s nature by

substance and not its caption. State ex rel. Lay v. Cain, 96- 1247 ( La. App. 1st Cir. 2/ 14/ 97), 691 So. 2d 135, 137. Relator' s contention that he should be released from confinement on the ground the trial court lacked jurisdiction is an attack on his conviction and sentence. Thus, his allegations are in the nature of a request for postconviction relief. See La. Code Crim. P. art. 924( 1). Relator' s claims are as the untimely

delay to seek postconviction relief in this case has expired. See La. Code Crim. P. art. 930. 8( A). Furthermore, contrary to relator' s claims, the United States Supreme Court did not declare La. Code Crim. P. art. 413( B) unconstitutional in Campbell v. Louisiana, 523 U. S. 392, 118 S. Ct. 1419, 140 L. Ed. 2d 551 ( 1998). Compare State v. Dilosa, 2002- 2222 ( La. 6/ 27/ 03), 848 So. 2d 546.

CQURT OF APPEAL, FIRST CIRCUIT

DEPUTY LERK OF COURT FOR THE COURT