Opinion
NO. 2016 KW 1577
02-06-2017
STATE OF LOUISIANA v. CEDRIC SPEARS
In Re: Cedric Spears, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 08-13-0840. BEFORE: WHIPPLE, C.J., GUIDRY AND McCLENDON, JJ.
WRIT DENIED. If the date is not essential to the offense, a bill of information shall not be held insufficient if it does not state the proper date. See La. Code Crim. P. art. 468. The fact that relator had a prior conviction for a crime of violence and had a firearm in his possession was essential in this prosecution for convicted felon in possession of a firearm, not the date that he committed the charged felony offense. See La. R.S. 14:95.1(A). Furthermore, the facts, which relator stipulated to by pleading guilty, reflect that relator was approached and arrested between 11:30 p.m. and midnight on June 17, 2013, and subsequently booked into the parish prison on June 18, 2013. 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. Accordingly, the district court did not err by denying relator's application for postconviction relief.
JMG
PMc
VGW
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT