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519 So. 2d 407

State v. Robinson

Louisiana Court of Appeal

Decided January 20, 1988

Louisiana Court of Appeal · decided 1988-01-20

Cited by 2 later decisions — most recently February 1999

2 state decisions

Relies on 421 So. 2d 924 - Hattier v. Hattier

Good law ✅— No negative treatment on recordhow we know

Decided 1988-01-20

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GOTHARD, Judge.

¶1Cedrick C. Robinson applied for post conviction relief from a conviction and sentence rendered on November 10, 1981 and affirmed on October 29, 1982. State v. Robinson, 421 So.2d 926 (La.1982).

¶2After a hearing of the matter, the trial judge denied post conviction relief and the petitioner then filed a motion to “appeal” that decision. The court signed the order of appeal, pursuant to which the record was lodged as an appeal in this court.

¶3We decline to consider the matter because this court is without jurisdiction for two reasons. First, there is no right to appeal a ruling on an application for post conviction relief, although the petitioner may ordinarily seek review of the court of appeal via a writ application. La.C.Cr.P. art. 930.6A. Secondly, under Louisiana Constitution article 5, section 10E, the Supreme Court has exclusive jurisdiction over post conviction writs challenging pre-July, 1982 convictions; therefore, this court would not have jurisdiction even if the application had been postured as a writ. As this matter would be properly filed in the Supreme Court, we convert the appeal to a *408writ application and dispose of it as follows:

¶4ORDER

¶5WRIT GRANTED FOR PURPOSE OF TRANSFER

¶6This court lacks the jurisdiction to determine the merits of this claim. LSA-Const. art. 5, sec. 10(E). As the matter would properly be filed in the Supreme Court.

¶7IT IS ORDERED that this writ application be transferred to the Supreme Court for disposition.

¶8ORDER TRANSFERRED TO SUPREME COURT.

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