Opinion
NO. 2018 KW 0884
10-01-2018
STATE OF LOUISIANA v. ROGER JAMES
In Re: Roger James, applying for supervisory writs, 18th Judicial District Court, Parish of Iberville, No. 518-11. BEFORE: McDONALD, CRAIN, AND HOLDRIDGE, JJ.
WRIT DENIED. Relator's claim regarding the guilty plea is untimely. See La. Code Crim. P. arts. 914(B) & 930.8(A); State ex rel. Chauvin v. State, 99-2456 (La. App. 1st Cir. 1/28/00), 814 So.2d 1 (per curiam). The State met its burden of establishing that relator violated a condition of probation. Additionally, no complex issues were addressed at the probation revocation hearing, and there is no indication that relator made a request for counsel. Therefore, the district court did not abuse its discretion by revoking relator's probation or by not appointing counsel to represent relator at the revocation proceedings. See Gagnon v. Scarpelli, 411 U.S. 778, 788-90, 93 S.Ct. 1756, 1763-64, 36 L.Ed.2d 656 (1973). See also State v. Lavergne, 97-752 (La. App. 3d Cir. 6/3/98), 716 So.2d 92, 95-96. Moreover, sentencing claims may not be raised in an application for postconviction relief. See La. Code Crim. P. art. 930.3; State ex rel. Melinie v. State, 93-1380 (La. 1/12/96), 665 So.2d 1172 (per curiam).
WJC
GH
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT