¶1Granted for the sole purpose of remanding the application to the court of appeal for treatment on the merits. Department of Public Safety and Corrections records reveal that relator has a full-term release date of May 16, 2010. The application for post-conviction relief thus satisfies the; custody requirement of La.C.Cr.P. art. 924(2) ("`Custody' means detention or confinement, or probation or parole supervision...."). See also State v. Smith, 96-1798, p. 4-6 (La.10/21/97), 700 So.2d 493, 495-96 (analyzing custody requirement in light of State ex rel. Becnel v. Blackburn,410 So.2d 1015 (La.1982)). In all other respects, the application is denied.
17 So. 3d 952
Docket No. 2008-KH-2392.
STATE EX REL. SPANN v. State
STATE ex rel. Carlos SPANN v. STATE of Louisiana.
Decided September 4, 2009.
Supreme Court of Louisiana · decided 2009-09-04
Relies on 410 So. 2d 1015 - State Ex Rel. Becnel v. Blackburn · 700 So. 2d 493 - State v. Smith
Decided 2009-09-04