STATE v. ROBINSON III (2021)

Court of Appeal of Louisiana, Fifth Circuit.

STATE of Louisiana v. Patrick ROBINSON, III

NO. 21-KH-674

Decided: November 15, 2021

Panel composed of Judges Susan M. Chehardy, Marc E. Johnson, and John J. Molaison, Jr.

WRIT DENIED

The relator, Patrick Robinson, seeks review of the trial court's August 19, 2021 denial of his application for post-conviction relief, which sought an out of time appeal. The application indicates that the defendant was convicted after pleading guilty in August of 2017. His request for an appeal was filed on July 19, 2021, almost four years later.

The trial court correctly concluded that a defendant may request an out-oftime appeal by filing an application for post-conviction relief within two years after his conviction and sentence have become final. La. C.Cr.P. art. 930.8 (A). The trial court also concluded that, in the instant case, the relator's request for an appeal did not meet an exception to the time limitation set forth in La. C.Cr.P. art. 930.8.

After our review of the application, we find no error in the trial court's ruling. Accordingly, on the showing made, the relator's writ is denied.

Gretna, Louisiana, this 15th day of November, 2021.

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