Opinion
No. 13-KK-2497
02-21-2014
STATE OF LOUISIANA v. THERON EDWARDS
ON WRIT OF CERTIORARI TO THE COURT OF APPEAL
FIRST CIRCUIT, PARISH OF EAST BATON ROUGE
WRIT GRANTED. Petitioner presented a post-conviction claim of ineffective assistance of counsel regarding the imposition of an illegal sentence following his guilty plea for Indecent Behavior with Juveniles, in violation of La. R.S. 14:81. The claim was dismissed on procedural grounds as time barred. We grant the writ application and remand the case to the district court to be considered as a motion to correct an illegal sentence, which, if meritorious, is an exception to the time limitations for post-conviction applications. See La. C.Cr.P. art. 882.
See La. R.S. 14:81H(1) which provides for a maximum sentence of seven years if the victim is over the age of 13.