STATE v. KRODINGER (2016)

WRIT DENIED

The prisoner filed a motion to correct an illegal sentence, but, because he failed to identify any illegal term in his sentence, we necessarily construe his motion as an application for post-conviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694; State v. Mead, 14-1051, pp. 3-4 (La. App. 4 Cir. 4/22/15), 165 So.3d 1044, 1050. An application for post-conviction relief, however, is subject to the time limitation set forth in La. C.Cr.P. art. 930.8, which is two years from the finality of his conviction. Mr. Krodinger’s conviction became final on October 25, 2013, the date the Louisiana Supreme Court denied his application for writ of certiorari. State v. Krodinger, 12-0134 (La. App. 4 Cir. 2/27/13), 128 So.3d 270, writ denied 13-0608 (La. 10/25/13), 124 So.3d 1090. Because his motion to correct illegal sentence was not filed until July 20, 2016, as a PCR application it is time-barred. See Mead, 14–1051, pp. 9–10, 165 So.3d at 1050. Thus, we decline to exercise our supervisory jurisdiction to review the district judge’s denial of any relief to the prisoner.

JUDGE PAUL A. BONIN