STATE v. PIKE (2021)

Writ application granted in part. See per curiam.

Writ granted in part; case remanded to the district court. Code of Criminal Procedure art. 930.8 does not bar consideration of the application for post-conviction relief. See La.C.Cr.P. art. 930.8(A) (“No application for post conviction relief, including applications which seek an out-of-time appeal, shall be considered if it is filed more than two years after the judgment of conviction and sentence has become final”) (emphasis added); see also La.C.Cr.P. art. 922(D). The district court is ordered to grant applicant an out-of-time appeal of his habitual offender adjudication and sentence and appoint counsel to prosecute it. State v. Counterman, 475 So.2d 336, 340 (La. 1985).

In all other respects, the application is denied.