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State v. Johnson

SUPREME COURT OF LOUISIANA
Mar 9, 2018
237 So. 3d 1184 (La. 2018)

Opinion

No. 2016–KP–2232

03-09-2018

STATE of Louisiana v. Demetrice JOHNSON


ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, FIRST CIRCUIT, PARISH OF EAST BATON ROUGE

PER CURIAM:

Writ granted. The ruling of the court of appeal ordering an evidentiary hearing to address defendant's entitlement to an out-of-time appeal is reversed, and the district court's ruling denying the application for post-conviction relief is reinstated. Defendant pled guilty pursuant to a negotiated agreement, was sentenced in conformity therewith, and was informed at the time of his plea that he was waiving his right to appeal. Therefore, he has not shown that he is entitled to an out-of-time appeal. See State v. Counterman , 475 So.2d 336 (La. 1985).

WEIMER, J., dissenting

I would request an opposition from the defendant prior to issuing a ruling.

Hughes, J., would request an opposition from the defendant prior to issuing a ruling.


Summaries of

State v. Johnson

SUPREME COURT OF LOUISIANA
Mar 9, 2018
237 So. 3d 1184 (La. 2018)
Case details for

State v. Johnson

Case Details

Full title:STATE OF LOUISIANA v. DEMETRICE JOHNSON

Court:SUPREME COURT OF LOUISIANA

Date published: Mar 9, 2018

Citations

237 So. 3d 1184 (La. 2018)

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