Opinion
NO. 2018 KW 0721
09-04-2018
STATE OF LOUISIANA v. NATE WALKER
In Re: Nate Walker, applying for supervisory writs, 23rd Judicial District Court, Parish of Ascension, No. 22,852. BEFORE: GUIDRY, THERIOT, AND PENZATO, 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. Relator has been convicted and sentenced to imprisonment with the Department of Corrections. Therefore, habeas relief is not available to him. See State v. Obney, 95-0439 (La. App. 3d Cir. 7/6/95), 663 So.2d 69, 70. Relator's conviction and sentence have become final in this case. Therefore, the "State habeas corpus application" is an untimely request for postconviction relief. See La. Code Crim. P. art. 930.8(A). Furthermore, relator was put on notice of the offense for which he was being charged by the definite written statement "armed robbery" and when the State listed La. R.S 14:64.3 in the bill of information. A post-verdict attack on the sufficiency of an indictment does not provide grounds for setting aside a conviction unless the indictment failed to give fair notice of the offense charged or failed to set forth any identifiable offense. State v. Draughn, 2005-1825 (La. 1/17/07), 950 So.2d 583, cert. denied, 552 U.S. 1012, 128 S.Ct. 537, 169 L.Ed.2d 377 (2007).
JMG
AHP
Theriot, J., concurs. COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT