STATE v. WHITMORE (2024)

Writ granted. The judgment of the district court granting in part applicant's motion for probation and ordering an evidentiary hearing is reversed. See State v. Thomas, 07-0634 (La. 1/11/08), 972 So.2d 323. Moreover, applicant's claim that the sentencing judge was not aware of his sentencing discretion is a claim for postconviction relief, which is subject to the time limitations set forth at La.C.Cr.P. art. 930.8. See State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. The claim is therefore untimely, and he fails to show that an exception applies. La.C.Cr.P. art. 930.8.

PER CURIAM: