Opinion
NO. 2018 KW 1370
12-10-2018
STATE OF LOUISIANA v. JERMAINE COATES
In Re: Jermaine Coates, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 06-95-2911. BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED IN PART AND DENIED IN PART. The district court is directed to review relator's motion for appeal, allegedly filed on August 2, 2018 both to determine if relator filed it timely under the "mailbox rule" of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988), and to determine whether, if read fairly and in conformance with principles applicable in review of pro se pleadings, it constituted a motion for appeal. See generally Haines v. Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 596, 30 L.Ed.2d 652 (1972); State ex rel. Johnson v. Maggio, 440 So.2d 1336, 1337 (La. 1983). As it concerns the motion to reconsider sentence, the writ application is denied.
TMH
VGW
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COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT