Opinion
NO. 2018 KW 0504
06-25-2018
In Re: Senan Hussein, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 690,002. BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ.
WRIT DENIED. Relator was put on notice that he was being charged with armed robbery when the State listed La. R.S 14:64.3 in the bill of information. Furthermore, a post-verdict attack on the sufficiency of an indictment does not provide grounds for setting aside a conviction unless the indictment failed to give fair notice of the offense charged or failed to set forth any identifiable offense. State v. Draughn, 2005-1825 (La. 1/17/07), 950 So.2d 583, cert. denied, 552 U.S. 1012, 128 S.Ct. 537, 169 L.Ed.2d 377 (2007). If the substantive issue an attorney failed to raise has no merit, then the claim the attorney was ineffective for failing to raise the issue also has no merit. State ex rel. Roper v. Cain, 99-2173 (La. App. 1st Cir. 10/26/99), 763 So.2d 1, 5 (per curiam), writ denied, 2000-0975 (La. 11/17/00), 773 So.2d 733.
WJC
JMG
JTP
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT