State Of Louisiana v. Preston G. Demouchette, Jr.

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