Opinion
NO. 2015 KW 1712
12-18-2015
STATE OF LOUISIANA v. FREDERICK COOPER
In Re: Frederick Cooper, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 252756. BEFORE: WHIPPLE, C.J., WELCH AND CHUTZ, JJ.
WRIT DENIED. A pleading's nature is determined by its substance and not its caption. See State ex rel. Daley v. State, 97-2612 (La. 11/7/97), 703 So.2d 32. Although relator styled his filing as a motion to correct an illegal sentence, the remedy he seeks is in the nature of postconviction relief as provided by La. Code Crim. P. art. 924 et seq. Therefore, relator's claims may not be raised in a motion to correct an illegal sentence. See State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 852 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. Furthermore, the time delay to seek postconviction relief has expired in this case. See La. Code Crim. P. art. 930.8(A).
JEW
WRC
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT