LAW.coLAW.co

STATE of Louisiana v. Demetrice JOHNSON

Louisiana Supreme Court2018-03-09No. No. 2016–KP–2232
237 So. 3d 1184

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

PER CURIAM:

Writ granted. The ruling of the court of appeal ordering an evidentiary hearing to address defendants entitlement to an out-of-time appeal is reversed, and the district courts ruling denying the application for post-conviction relief is reinstated. Defendant pled guilty pursuant to a negotiated agreement, was sentenced in conformity therewith, and was informed at the time of his plea that he was waiving his right to appeal. Therefore, he has not shown that he is entitled to an out-of-time appeal. See State v. Counterman , 475 So.2d 336 (La. 1985).

dissent opinion

WEIMER, J., dissenting

I would request an opposition from the defendant prior to issuing a ruling. Hughes, J., would request an opposition from the defendant prior to issuing a ruling.