Opinion
NO. 2017 KW 0017
03-20-2017
STATE OF LOUISIANA v. JAMES J. SPIKES, JR.
In Re: James J. Spikes, Jr., applying for supervisory writs, 22nd Judicial District Court, Parish of Washington, No. 09-CR1-104603. BEFORE: HIGGINBOTHAM, THERIOT, AND CHUTZ, JJ.
WRIT DENIED. Relator's conviction and sentence became final in 2010. Therefore, the delay to seek postconviction relief expired in 2012. See La. Code Crira. P. arts. 914(B)(1) & 930.8(A). If an application for postconviction relief is untimely, it should not be considered on the merits. See State v. LeBlanc, 2006-0169 (La. 9/15/06), 937 So.2d 844 (per curiam). Insofar as relator complains about the charges in docket number 15-CR4-128964, because he has been convicted and sentenced in that case, the proper manner to raise any complaints is by appeal.
TMH
MRT
WRC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT