Opinion
NUMBER 2013 KW 0225
04-08-2013
STATE OF LOUISIANA v. SHELIA MARIE HAMILTON
In Re: Shelia Marie Hamilton, applying for supervisory writs, 16th Judicial District Court, Parish of St. Mary, No. 2008-177, 984.
BEFORE: GUIDRY, GRAIN AND THERIOT, JJ.
WRIT GRANTED. We find merit in relator's claim that the trial court erred in ruling that the application for postconviction relief was filed untimely. The time limitation for filing an application for postconviction relief does not begin to run until the conviction is final. See La. Code Crim. P. art. 930. 8(A). Relator was granted an out-of-time appeal. An out-of-time appeal restarts the time limit for applying for postconviction relief and relator's convictions became final when the Supreme Court denied writs on October 21, 2011. See State ex rel. Campbell v. Whitley, 93-0677 (La. 10/27/95), 661 So.2d 1367; State v. Bates, 95-798 (La. App. 3d Cir. 7/1/98), 715 So.2d 1242, 1243-44. See also La. Code Crim. P. art. 922(D). Accordingly, the ruling finding that the application for postconviction relief is untimely is vacated, and this matter is remanded for the district court to reconsider the application for postconviction relief.
JUG
WJC
MRT
COURT OF APPEAL, FIRST CIRCUIT ______________________
DEPUTY CLERK OF COURT
FOR THE COURT