Opinion
NO. 2015 KW 1124
08-10-2015
STATE OF LOUISIANA v. TIMOTHY CALLENDER
In Re: Timothy Callender, applying for supervisory writs, 21st Judicial District Court, Parish of Livingston, No. 01-FELN-016129. BEFORE: PETTIGREW, HIGGINBOTHAM AND CRAIN, JJ.
WRIT GRANTED. The State's procedural objections have merit. Therefore, the district court erred in vacating respondent's no contest plea to attempted simple rape after he had completed serving the terms of his sentence and, thus, did not meet the custody requirement for purposes of filing an application for postconviction relief. See La. Code Crim. P. art. 924 (2) . Furthermore, a request to withdraw a guilty plea that is filed after sentencing is in the nature of a request for postconviction relief, and it must be filed timely under La. Code Crim. P. art. 930.8. State ex rel. Chauvin v. State, 99-2456 (La. App. 1st Cir. 1/28/00), 814 So.2d 1 (per curiam). The time delay to seek postconviction relief has expired in this case and the fact that the registration period was increased is not a claim that falls within the facts-not-known exception. See La. Code Crim. P. art. 930.8 (A) . See also State ex rel. Winn v. State, 95-0898 (La. 10/2/96), 685 So.2d 104 (per curiam). More importantly, the requirement that the respondent register as a sex offender was not a term of the plea bargain. Instead, it is the law of this state. By law, it is mandatory to register and provide notifications as a sex offender or child predator for any adult residing in this state who has pled guilty to a sex offense as defined in R.S. 15:541, with the exception of those convicted of felony carnal knowledge of a juvenile. See La. R.S. 15:542(A)(1). Accordingly, the district court's ruling granting the application for postconviction relief is reversed, and respondent's no contest plea to attempted simple rape and sentence are reinstated.
JTP
TMH
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT