Opinion
NO. 2016 KW 1496
02-06-2017
STATE OF LOUISIANA v. STANLEY DRAKE
Rodd Naquin Clerk of Court
Notice of Judgment and Disposition
TO: Stanley Drake
Avoyelle's Correctional Cente
1630 Prison Road
Cajun 2, D2
Cottonport, LA 71327 Hon. Elizabeth Wolfe
P.O. Box 788
Amite, LA 70422 Hon. Scott M. Perrilloux
Tangipahoa Parish
P.O. Box 639
Amite, LA 70422-0639
pparker@21jdda.org In accordance with Local Rule 6 of the Court of Appeal, First Circuit, I hereby certify that this notice of judgment and disposition and the attached disposition were transmitted this date to the trial judge or equivalent, all counsel of record, and all parties not represented by counsel.
/s/
RODD NAQUIN
CLERK OF COURT In Re: Stanley Drake, applying for supervisory writs, 21st Judicial District Court, Parish of Tangipahoa, No. 97242. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED. Relator's conviction and sentence became final in 2002. See La. Code Crim. P. art. 930.8(A). If an application for postconviction relief is untimely, it should not be considered on the merits. See State v. LeBlanc, 2006-0169 (La. 9/15/06), 937 So.2d 844 (per curiam). Furthermore, relator's claim of actual innocence is refuted by the record which reflects that at the Boykin hearing, relator admitted that he had sex with the victim, which resulted in a pregnancy. DNA confirmed relator to be the father. Accordingly, the district court did not err by not ordering the State to file a response or by denying relator's application for postconviction relief. See La. Code Crim. P. art. 928.
PMc
VGW
JMG
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT