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864 So. 2d 613

State ex rel. Weber v. State

Supreme Court of Louisiana

Decided January 16, 2004

Supreme Court of Louisiana · decided 2004-01-16

Relies on 660 So. 2d 1189 - State Ex Rel. Glover v. State · Rivet v. State, Department of Transportation & Development

Decided 2004-01-16

¶1In re State of Louisiana;—Plaintiff; Applying for Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. E, No. 323-962; to the Court of Appeal, Fourth Circuit, No. 2003-K-0574.

¶2Writ granted; conviction reinstated. Respondent’s filing below, properly considered as an application for post-conviction relief, see State v. Tran, 00-2471 (La.6/1/01), 793 So.2d 172, was untimely by a matter of years . and, should not have been considered on the merits by the district court. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330, p. 21-22 (La.1995), 660 So.2d 1189.

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