State Of Louisiana VS Kelvin Stewart
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STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT STATE OF LOUISIANA 2016 NO. KW 0856 VERSUS SEP222016 KELVIN In STEWART Re: Kelvin Stewart, for Judicial 23rd writs, supervisory Parish of Ascension, applying District Court, No. 24771. BEFORE: WHIPPLE, WRIT filed DENIED. writ This his belief erroneous resentence Court that following lower relator based judge health Following court, repeatedly lower court' s filed court mental Corrections. the a has the of were district the of in review seeking JJ. relator that notes pleadings that relator Department rulings GUIDRY AND McCLENDON, applications denying rulings C. J., the by unfavorable to seeks to promised evaluation several now the upon the recuse judge from presiding over his most recent effort to attack his guilty plea via a motion to null and void an invalid guilty plea district file a from defense counsel to the reconsider evaluation sentence defense based documentation The report. that reflects judge merely agreed to permit court motion health letter The contract. upon does the to counsel the mental not reflect that the district court judge agreed to automatically resentence relator nor is there following the filing of the motion, any indication be would declined that to district the to allowed reduce relator' judge court withdraw if plea guilty sentence. The s that stated his plea relator the court agreement was fulfilled in this case by the filing of the motion to reconsider sentence. A defendant' s unfulfilled as plea 1335 ( 1993) ( La. guilty per will expectation State See possible. of ex rel. be not of gaining Miller v. Whitley, the untimely Code did for Crim. not P. plea guilty hearing. denying the denying contract, the motion La. App. 2005 - 1570 ( of or to relator' Cir. 922 VGW N N YEPUTY CLERK FOR THE FIRST CIRCUIT azb- OF COURT COURT null request and 899 So. 2d void for court judge. 3/ 24/ 05), 1/ 27/ 06), PMC OF APPEAL, s the JMG COURT to district the recuse 1st La. Accordingly, motion presented June See See an an did La. court invalid evidentiary not State So. 2d 544. 2016, district the a early So. 2d 615 relief. postconviction 930. 8( A). Additionally, 2004 - 1718 ( denied, art. by err purposes in upon as claims filed in the motion to invalidate the guilty plea, are aside release Furthermore, curiam). set 711, v. err by Maten, 720, writ
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