Opinion
NO. 2013 KW 1650
01-16-2014
STATE OF LOUISIANA v. JOHN H. JONES
In Re: John H. Jones, applying for supervisory writs, 18th Judicial District Court, Parish of West Baton Rouge, No. 052166.
BEFORE: PETTI GREW, McDONALD AND McCLENDON, JJ.
WRIT DENIED. The claims presented in the writ of habeas corpus are in the nature of postconviction relief. No application for postconviction relief shall be considered if it is filed more than two years after the judgment of conviction and sentence has become final under the provisions of Article 914 or 922. See La. Code Crim. P. art. 930.8(A). Moreover, a defendant may not raise the insufficiency of an indictment for the first time after conviction, especially when the charging document fairly informed him of the charge against him and the alleged defect did not prejudice him. State v. Allen, 2001-2494 (La. 6/21/02), 824 So.2d 344 (per curiam).
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COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT