Opinion
No. 2021-KH-01500
12-21-2021
STATE of Louisiana v. Brandon L. PIKE
Writ application granted in part. See per curiam.
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.