State Of Louisiana v. Preston G. Demouchette, Jr. ( 2022 )

STATE OF LOUISIANA
COURT OF APPEAL, FIRST CIRCUIT
STATE OF LOUISIANA NO. 2022 KW 0342
VERSUS
PRESTON G. DEMOUCHET, JR. JULY 5, 2022
In Re: Preston G. Demouchet, Jr., applying for supervisory
writs, 16th Judicial District Court, Parish of St.
Mary, No. 95- 141810.
BEFORE: McCLENDON, WELCH, AND HESTER, JJ.
WRIT DENIED. A conviction may not be collaterally attacked
through a motion to correct an illegal sentence. See La. Code
Crim. P. art. 881. 5.
is well established that a pleading is
It
construed for what it really is and not for what it is labeled.
Rochon v. Young, 2008- 1349 ( La. App. 1st Cir. 2/ 13/ 09), 6 So. 3d
890, 892, writ denied, 2009- 0745 ( La. 1/ 29/ 10), 25 So. 3d 824.
If the inmate files a pleading that requests postconviction
relief, the pleading should be treated as such, including the
application of the time limit of article 930. 8. See State v.
Jarrow, 2004- 0483 ( La. 9/ 24/ 04), 882 So. 2d 1160.
PMC
JEW
CHH
COURT OF APPEAL, FIRST CIRCUIT
l 0
DEPUTY CLERK OF COURT
FOR THE COURT