Opinion
24-KH-320
07-17-2024
JOHN ELMER v. STATE OF LOUISIANA
APPLYING FOR SUPERVISORY WRIT FROM THE TWENTY-NINTH JUDICIAL DISTRICT COURT, PARISH OF ST CHARLES, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE CONNIE M. AUCOIN, DIVISION "C", NUMBER 17,740.
Panel composed of Judges Marc E. Johnson, Scott U.Schlegel, and Timothy S. Marcel
WRIT GRANTED FOR LIMITED PURPOSE
Relator, John Elmer, filed a writ of mandamus asking this Court to enforce the following ruling issued in State v. John Elmer, 24-180, p. 2 (La.App. 5 Cir. 5/29/24), 2024 WL 2746082:
Because Relator's case does not appear in the 29th Judicial District Court's database, this court cannot determine if a new UCO was created after this court's opinion in Elmer, supra, vacated relator's convictions and sentences on counts three through five. Accordingly, to eliminate any further confusion over Relator's UCO, the writ application is granted for the limited purpose of ordering the 29th Judicial District Court to correct the UCO to reflect Relator's conviction and sentence after this court's opinion in Elmer, supra, and direct its Clerk of Court to transmit the corrected UCO to the appropriate authorities and the Department of Corrections' legal department in accordance with La. C.Cr.P. art. 892(B)(2), if it has not already done so. See State v. Allen, 19-377 (La.App. 5 Cir. 4/30/20), 296 So.3d 1096, 1106-07, writ denied, 20-795 (La. 12/8//20), 306 So.3d 431.
Relator contends that he has not received a copy of the corrected UCO as ordered by this Court. Thus, we grant the writ of mandamus for the limited purpose of ordering the trial court to forward a copy of the corrected UCO to relator and to this Court within ten days of this ruling. If the trial court has not yet issued the corrected UCO, we order the trial court to either issue the corrected UCO or provide this Court with a per curiam explaining why it has not been issued within ten days of this ruling.
SUS
MEJ
TSM
NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY
I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 07/17/2024 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: