State Of Louisiana VS Carl England
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STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT STATE OF NUMBER LOUISIANA 2013 KW 0119 VERSOS CARL APR ENGLAND Carl Re England applying for 22nd In Judiciai District Court Tammany BEFORE id yQ GUIDRY No Parish of ruling denying St 396443 CRAIN AND THERIOT GRANTED WRIT writs supervisory JJ s court trial The s relator application for postconviction relief is vacated and this matter is remanded district court for the Although prescriptive period relief a the for postconviction application resentencing alone does not restart the of reconsideration once to conviction for and filing sentence for postconviction have both become relief final the prescriptive period does not initially begin to run until the judgment of conviction and sentence shall have become final Code the under Crim P State See La Frazier v 922 or rel ex 2d So 868 04 6 2 La 914 Article A 8 930 art 0242 20D3 State of provisions On 9 April 8 2010 the trial court vacated relator original thirty s five year sentence for attempted second degree murder and resentenced him to forty years imprisonment at hard labor s relator year forty Thus parole sentence did not become final until September 23 2011 when See La the Supreme Court denied his writ application without Code benefit Crim P of art D 922 JMG MRT Crain Code an J of dissents Criminal two sentence become Crim 0242 Pro when deny article postconviction after the years has become final final La would Procedure application for than and the the requires relief be A application A 8 930 judgment supreme writ filed no more conviction of conviction denies court that and writs and sentence La Code art 922 State ex rel Frazier v State 03 The defendant conviction s 2d 04 6 2 868 So 9 and sentence for his underlying crimes aggravated burglary and attemp second degree murder became final on October ed See State v England 08 La 0217 unpublished 08 31 10 opinion writ denied 16 App 2009 09 16 10 19 3d So adjudication and sentence appeal and those matters 2011 See State v unpublished 11 11 2 11 23 9 The were became England opinion s defendant the subject final 1246 10 writ on La denied postconviction Cir La offender habitual His 475 1 0176 09 of a separate September 23 1 Cir 0456 11 La App relief STATE OF LOUISIANA COURT OF APPEAL FIRST CIRCUIT 2012 KW 0119 Page 2 application was filed August 27 2012 His only claims for relief relate his to matters postconviction involving habitual convictions and the not underlying sentence offender and the sentence Therefore adjudication application is untimely COURT OF APPEAL EPUTY CLERK FOR THE FIRST OF CIRCUIT COURT COURT
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