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STATE v. WHITMORE (2024)

Supreme Court of Louisiana.2024-05-07No. No. 2024-KP-00053

Authorities cited

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Opinion

Writ granted. The judgment of the district court granting in part applicants motion for probation and ordering an evidentiary hearing is reversed. See State v. Thomas, 07-0634 (La. 1/11/08), 972 So.2d 323. Moreover, applicants claim that the sentencing judge was not aware of his sentencing discretion is a claim for postconviction relief, which is subject to the time limitations set forth at La.C.Cr.P. art. 930.8. See State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. The claim is therefore untimely, and he fails to show that an exception applies. La.C.Cr.P. art. 930.8.

PER CURIAM: