Jones v. La. Dep't of Pub. Safety & Corr.

Full title: JEFFERY JONES v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS

Court: Court of Appeals of Louisiana, First Circuit

Date published: Dec 5, 2024

2024 CA 0043 (La. Ct. App. Dec. 5, 2024)

Opinion

2024 CA 0043

12-05-2024

JEFFERY JONES v. LOUISIANA DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONS

Jeffery Jones St. Gabriel, LA Plaintiff -Appellant, Pro Se Grant Lloyd Willis Baton Rouge, LA Attorney for Defendant -Appellee, Louisiana Board of Pardons and Committee on Parole Robert R. Rochester Jr. Baton Rouge, LA Attorney for Defendant -Appellee, Louisiana Department of Public Safety and Corrections

HESTER, J.

On Appeal from the 19th Judicial District Court In and for the Parish of East Baton Rouge State of Louisiana Trial Court No. 728065 Honorable Ronald R. Johnson, Judge Presiding

Jeffery Jones St. Gabriel, LA Plaintiff -Appellant, Pro Se

Grant Lloyd Willis Baton Rouge, LA Attorney for Defendant -Appellee, Louisiana Board of Pardons and Committee on Parole

Robert R. Rochester Jr. Baton Rouge, LA Attorney for Defendant -Appellee, Louisiana Department of Public Safety and Corrections

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

HESTER, J.

Jeffery Jones, an inmate incarcerated at Elayn Hunt Correctional Center in the Parish of Iberville, appeals the district court's judgment dismissing, with prejudice, his petition for judicial review for failure to state a claim for which relief may be granted and peremption. Jones' petition alleged his parole was revoked without conducting a revocation hearing and requested that Louisiana Department of Public Safety and Corrections and Louisiana Board of Pardons (the "Board") conduct a parole revocation hearing in his case.

Jones' parole records produced by the Board indicated that his parole was revoked effective February 13, 2015, as provided by law. His parole was revoked pursuant to La. R.S. 15:574.10, which provides, in part, that when a person is convicted of a felony committed while on parole, his parole shall be deemed revoked as of the date of the commission of the felony. Jones filed his petition for judicial review on January 24, 2023, well beyond the ninety-day peremptive period set forth in La. R.S. 15:574.11(D) for petitions alleging a denial of a revocation hearing.

After a thorough review of the record and relevant jurisprudence, we find no error of law or abuse of discretion by the district court. Accordingly, we affirm the district court's judgment in accordance with Uniform Rules-Courts of Appeal, Rule 2-16.2A(5), (6), (7), and (8). All costs associated with the appeal are assessed against appellant, Jeffery Jones.

AFFIRMED.