State v. Burnette

Supreme Court of Louisiana

State v. Burnette

258 So. 2d 87, 260 La. 1063, 1972 La. LEXIS 4822

CourtSupreme Court of Louisiana

DecidedFebruary 29, 1972

DocketNos. 52119, 52120

StatusPublished

This text of 258 So. 2d 87 (State v. Burnette) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Burnette, 258 So. 2d 87, 260 La. 1063, 1972 La. LEXIS 4822 (La. 1972).

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Opinion

PER CURIAM.

Walter Burnette was convicted in the Twenty-Second Judicial District Court for the Parish of St. Tammany upon a plea of guilty to the charge of simple burglary (No. 52119) and upon a plea of guilty of aggravated battery on the charge of attempted murder (No. 52120). Both pleas were entered in March of 1968. He filed an application for a writ of habeas corpus on each of the charges in the trial court. After an evidentiary hearing, the trial court denied the applications but granted motions for appeal to this court.

There is no appeal from a denial of a writ of habeas corpus. C.Cr.P. art. 369. The trial court erroneously granted the motions for appeal. Since the entire record is before us, having been lodged in this court, we will treat what is before us as applications for remedial writs of habeas corpus. La.Const. Art. VII, Sec. 10.

The appeals are dismissed. The applications for writs are denied. The showing made does not warrant the exercise of our original or supervisory jurisdiction. Petitioner has filed two “MOTIONfS] FOR JAIL TIME.” His contentions were not properly raised before the trial court nor before us. Whatever rights petitioner has in relation to these contentions are reserved to him.

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PER CURIAM.

Walter Burnette was convicted in the Twenty-Second Judicial District Court for the Parish of St. Tammany upon a plea of guilty to the charge of simple burglary (No. 52119) and upon a plea of guilty of aggravated battery on the charge of attempted murder (No. 52120). Both pleas were entered in March of 1968. He filed an application for a writ of habeas corpus on each of the charges in the trial court. After an evidentiary hearing, the trial court denied the applications but granted motions for appeal to this court.

There is no appeal from a denial of a writ of habeas corpus. C.Cr.P. art. 369. The trial court erroneously granted the motions for appeal. Since the entire record is before us, having been lodged in this court, we will treat what is before us as applications for remedial writs of habeas corpus. La.Const. Art. VII, Sec. 10.

The appeals are dismissed. The applications for writs are denied. The showing made does not warrant the exercise of our original or supervisory jurisdiction. Petitioner has filed two “MOTIONfS] FOR JAIL TIME.” His contentions were not properly raised before the trial court nor before us. Whatever rights petitioner has in relation to these contentions are reserved to him.

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Bluebook (online)

258 So. 2d 87, 260 La. 1063, 1972 La. LEXIS 4822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-burnette-la-1972.