Opinion
NO. 2015 KW 0286
05-04-2015
STATE OF LOUISIANA v. RAYMOND PRICE, JR.
In Re: Raymond Price, Jr., applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 502217. BEFORE: GUIDRY, THERIOT AND DRAKE, JJ.
WRIT DENIED. No application for postconviction relief shall be considered if it is filed more than two years after the judgment of conviction and sentence have become final under the provisions of Article 914 or 922. See La. Code Crim. P. art. 930.8(A). Relator's conviction became final on June 22, 2012, when he did not apply to this Court for rehearing or to the Louisiana Supreme Court for review. See La. Code Crim. P. art. 922(B) & (D). Relator's claims of trial error and ineffective assistance of counsel concern the underlying manslaughter conviction which was affirmed by this Court on appeal. In cases in which the trial court addresses an otherwise time-barred application on the merits, an appellate court may assert the time limit imposed by Article 930.8(A) as a basis for denying relief. State v. Brumfield, 2009-1084 (La. 9/2/09), 16 So. 3d 1161 (per curiam).
MRT
EGD
JMG
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT