Opinion
NO. 2020 KW 0010
03-03-2020
STATE OF LOUISIANA v. DARRYL ANDREW GRIMMER
In Re: Darryl Andrew Grimmer, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 32110. BEFORE: WHIPPLE, C.J., GUIDRY AND LANIER, JJ.
WRIT GRANTED. Relator timely filed an application for postconviction relief requesting an out-of-time appeal. See La. Code Crim. P. art. 930.8(A); State v. Counterman, 475 So.2d 336, 339 (La. 1985). There is no appeal pending in this court in this matter. Thus, the district court's ruling dismissing relator's application for postconviction relief is vacated, and the matter is remanded for reconsideration in light of Counterman.
VGW
JMG
WIL
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT