Opinion
No. 2015-KH-1770
10-10-2016
State ex rel. Lloyd Ancar v. State of Louisiana
PER CURIAM:
Denied. Relator does not identify an illegal term in his sentence, and therefore, his filings are properly construed as applications for post-conviction relief. See State v. Parker, 98–0256 (La. 5/8/98), 711 So.2d 694. As such, they are subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator's applications were not timely filed in the District Court, and he fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93–2330 (La. 9/5/95), 660 So.2d 1189. We attach hereto and make a part hereof the District Court's written reasons denying relator's applications.
Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La.C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The District Court is ordered to record a minute entry consistent with this per curiam.
Attachment
STATE OF LOUISIANA
CRIMINAL DISTRICT COURTVERSUS
PARISH OF ORLEANSLLOYD ANCAR
CASE NO.: 305-602 "F"
JUDGMENT
The defendant, Lloyd Ancar, hereinafter referred to as Petitioner, has filed anApplication for Post-Conviction Relief and aMotion to Correct an Illegal Sentence whichwas received by this Court on or about May 29, 2015. It is the ruling of this Court thatPetitioner's motions are hereby denied.
In 1984, Petitioner was indicted for one count of Second Degree Murder inviolation of La. Rev. Stat. Ann. art. § 14:30.1. After a trial by jury, Petitioner was foundguilty as charged and was sentenced to life imprisonment in the Department ofCorrections without the benefit of probation, parole or suspension of sentence. TheLouisiana Court of Appeal, Fourth Circuit affirmed Petitioner's conviction and sentence.SeeState v. Ancar, 508 So.2d 943 (La. App. 4 Cir. 6/3/1987).
In Petitioner's application for post-conviction relief, he asserts ineffectiveassistance of trial counsel for failure to file a pre-trial motion to quash. He also assertsineffective assistance of appellate counsel for failing to raise an ineffective assistance ofcounsel claim on appeal. Louisiana Code of Criminal Procedure article 930.8 providesthat "no application for post-conviction relief, including applications which seek an out-of-timeappeal, shall be considered if it is filed more than two years after the judgment ofconviction and sentence has become final under the provisions of Article 914 or 922".Moreover, Petitioner has not asserted a claim that would exempt him from the two-yearprocedural time limitation. Since Petitioner's sentence and conviction became final in1987, he is outside of the procedural time limitation to seek post-conviction relief.
Additionally, Petitioner states that his sentence is illegal because the indictmentdoes not reflect the Second Degree Murder statute and therefore does not contain theessential element of the crime for which he was convicted.However, this exact issue wasaddressed in Petitioner's previousMotion to Correct an Illegal Sentence, which was
denied by this Court in its October 16, 2014 Judgment. As a result, this Court will notconsider this motion as it is repetitive.
THEREFORE, IT IS THE JUDGMENT OF THIS COURT that Petitioner'sApplication for Post-Conviction Relief is untimely, without merit and is hereby denied.
FURTHERMORE, IT IS THE JUDGMENT OF THIS COURT that Petitioner'sMotion to Correct an Illegal Sentence is without merit and is hereby denied.
New Orleans, Louisiana, this the 22nd day of June 2015.
JUDGE ROBIN D. PITTMAN
Criminal District Court
Section "F"