Opinion
No. 2021-KH-01470
01-12-2022
STATE of Louisiana v. Derrick BROUSSARD
Writ application granted. See per curiam.
Weimer, C.J., dissents and would deny.
Crain, J., dissents and would deny.
McCallum, J., dissents and would deny.
PER CURIAM:
Writ granted.
The district court revoked applicant's probation in December 2019. Though applicant failed to seek supervisory review of that ruling, an inmate may still seek review of the probation revocation via an application for post-conviction relief, filed within two years of the revocation. La.C.Cr.P. art. 930.8 ; State v. Clavelle , 02-1244, p. 2 (La. 12/12/03), 861 So.2d 186, 187 (citing State ex rel. Ratcliff v. State , 565 So.2d 923 (La. 1990) ). Applicant filed a motion to correct an illegal sentence in 2021, within two years of his probation revocation, in which he argued that the State failed to prove a probation violation. Construing that motion as an application for post-conviction relief, see Smith v. Cajun Insulation , 392 So.2d 398, 402 n.2 (La. 1980) ("[C]ourts should look through the caption of pleadings in order to ascertain their substance and to do substantial justice."), applicant timely sought review of his probation revocation. As such, the court of appeal erred in evaluating the timeliness of the writ application in relation to the probation revocation in 2019 instead of the district court's denial of his motion to correct an illegal sentence.
Accordingly, this case is remanded to the court of appeal for review of the district court's denial of applicant's motion to correct illegal sentence. The court of appeal should request any relevant materials necessary for review from the district court.