Opinion
2022 KW 0342
07-05-2022
STATE OF LOUISIANA v. PRESTON G. DEMOUCHET, JR.
In Re: Preston G. Demouchet, Jr., applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 95- 141810.
BEFORE: McCLENDON, WELCH, AND HESTER, JJ.
WRIT DENIED. A conviction may not be collaterally attacked through a motion to correct an illegal sentence. See La. Code Crim. P. art. 881.5. It is well established that a pleading is construed for what it really is and not for what it is labeled. Rochon v. Young, 2008-1349 (La.App. 1st Cir. 2/13/09), 6 So.3d 890, 892, writ denied, 2009-0745 (La. 1/29/10), 25 So.3d 824. If the inmate files a pleading that requests postconviction relief, the pleading should be treated as such, including the application of the time limit of article 930.8. See State v. Jarrow, 2004-0483 (La. 9/24/04), 882 So.2d 1160.
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