KEVIN ALEXANDER, JR. VERSUS ROBERT TANNER, WARDEN
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KEVIN ALEXANDER, JR. NO. 18-KH-475 VERSUS FIFTH CIRCUIT ROBERT TANNER, WARDEN COURT OF APPEAL STATE OF LOUISIANA August 28, 2018 Mary E. Legnon Chief Deputy Clerk IN RE KEVIN ALEXANDER, JR. APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE J. STERLING SNOWDY, DIVISION ''C'', NUMBER 11,265 Panel composed of Judges Susan M. Chehardy, Jude G. Gravois, and Marc E. Johnson WRIT GRANTED FOR LIMITED PURPOSE In this writ application, relator, Kevin Alexander, Jr., seeks review of the district court’s May 16, 2018 denial of his application for post-conviction relief (“APCR”) and the court’s June 14, 2018 denial of his motion for reconsideration. After review, we grant this writ application for the limited purpose of vacating the district court’s May 16, 2018 and June 14, 2018 orders, and remanding the matter for the district court to construe relator’s APCR as a request for an out-of-time appeal. On March 14, 2016, relator pled guilty to manslaughter and was sentenced to thirty-two years at hard labor. He did not seek an appeal. On March 13, 2018, relator filed a counseled APCR, in which he raised three claims: (1) ineffective assistance of counsel, (2) unconstitutional guilty plea, and (3) unconstitutionally excessive sentence. 18-KH-475 On May 16, 2018, the district court denied relief on relator’s APCR without reasons. On June 8, 2018, relator filed a motion for reconsideration of this denial, which the district court denied without reasons on June 14, 2018. Relator now seeks review of these two rulings. Relator did not appeal his conviction and sentence, and his APCR is therefore premature. See La. C.C. art. 924.1. (“An application for post-conviction relief shall not be entertained if the petitioner may appeal the conviction and sentence which he seeks to challenge, or if an appeal is pending.”). However, at the time relator filed his APCR, he was still eligible to request an out-of-time appeal. Under these circumstances, and in the interest of justice, we grant this writ application for the limited purpose of vacating the district court’s May 16, 2018 and June 14, 2018 orders, and remanding the matter for the court to construe relator’s APCR as a request for an out-of-time appeal. See Quang T. Do v. Vannoy, 16-157 (La. App. 5 Cir. 5/12/16), 2016 La. App. LEXIS 2314, *11. Gretna, Louisiana, this 28th day of August, 2018. SMC JGG MEJ 2 SUSAN M. CHEHARDY CHERYL Q. LANDRIEU CHIEF JUDGE CLERK OF COURT MARY E. LEGNON FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON ROBERT A. CHAISSON SUSAN BUCHHOLZ STEPHEN J. WINDHORST HANS J. LILJEBERG FIFTH CIRCUIT JOHN J. MOLAISON, JR. 101 DERBIGNY STREET (70053) JUDGES POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 www.fifthcircuit.org FIRST DEPUTY CLERK MELISSA C. LEDET DIRECTOR OF CENTRAL STAFF (504) 376-1400 (504) 376-1498 FAX NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 08/28/2018 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY 18-KH-475 E-NOTIFIED Emily Posner (Relator) Bridget A. Dinvaut (Respondent) MAILED
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