Opinion
Docket Number: 14 00980-KH
01-21-2015
STATE OF LOUISIANA v. ANTONIO SCOGGINS
Antonio Scoggins David Wade Corr. Center DOC No. 573046 670 Bell Hill Road Homer LA 71040-2150 cc: John Foster DeRosier, Counsel for the Respondent
NOT DESIGNATED FOR PUBLICATION
Antonio Scoggins
David Wade Corr. Center DOC No. 573046
670 Bell Hill Road
Homer LA 71040-2150
Writ Application from Calcasieu Parish Case No. 07-14498
BEFORE JUDGES: Hon. Jimmie C. Peters Hon. James T. Genovese Hon. John E. Conery
As counsel of record in the captioned case, you are hereby notified that the ruling on the application for rehearing filed by Antonio Scoggins is:
REHEARING DENIED. In the "Application for Supervisory Writ of Judicial Review/Relief Claim," Relator asserted he was being unlawfully denied work release pursuant to La.R.S.15:711. On October 30, 2014, this court ordered the trial court to provide this court with a copy of the transcript of October 10, 2014. Based on a review of that transcript, at the hearing, Relator requested "restructuring of the sentence" and to be sentenced "under [La.]R.S. 15:1144(a)" to a rehabilitation center. The trial judge ruled on the claim presented at the hearing. At the hearing, Relator did not argue his claim based on La.R.S. 15:711, nor did he object to the trial court's failure to rule on it. Thus, he waived the claim presented in his written motion. State v. Wright, 02-1268 (La.App. 3 Cir. 3/5/03), 839 So.2d 1112. Accordingly, Relator's application for rehearing is denied.
cc: John Foster DeRosier, Counsel for the Respondent