Denied. Relator does not identify an illegal term in his sentence, and therefore, his filings are properly construed as applications for post-conviction relief. See State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694. As such, they are subject to the time limitation set forth in La.C.Cr.P. art. 930.8. Relator's applications were not timely filed in the District Court, and he fails to carry his burden to show that an exception applies. La.C.Cr.P. art. 930.8; State ex rel. Glover v. State, 93-2330 (La. 9/5/95), 660 So.2d 1189. We attach hereto and make a part hereof the District Court's written reasons denying relator's applications.
Relator has now fully litigated his application for post-conviction relief in state court. Similar to federal habeas relief, see 28 U.S.C. § 2244, Louisiana post-conviction procedure envisions the filing of a second or successive application only under the narrow circumstances provided in La.C.Cr.P. art. 930.4 and within the limitations period as set out in La.C.Cr.P. art. 930.8. Notably, the Legislature in 2013 La. Acts 251 amended that article to make the procedural bars against successive filings mandatory. Relator's claims have now been fully litigated in accord with La. C.Cr.P. art. 930.6, and this denial is final. Hereafter, unless he can show that one of the narrow exceptions authorizing the filing of a successive application applies, relator has exhausted his right to state collateral review. The District Court is ordered to record a minute entry consistent with this per curiam.
STATE OF LOUISIANA CRIMINAL DISTRICT COURT
VERSUS PARISH OF ORLEANS
LLOYD ANCAR CASE NO.: 305-602 "F"
The defendant, Lloyd Ancar, hereinafter referred to as Petitioner, has filed an
Application for Post-Conviction Relief and a Motion to Correct an Illegal Sentence which
was received by this Court on or about May 29, 2015. It is the ruling of this Court that
Petitioner's motions are hereby denied.
In 1984, Petitioner was indicted for one count of Second Degree Murder in
violation of La. Rev. Stat. Ann. art. § 14:30.1. After a trial by jury, Petitioner was found
guilty as charged and was sentenced to life imprisonment in the Department of
Corrections without the benefit of probation, parole or suspension of sentence. The
Louisiana Court of Appeal, Fourth Circuit affirmed Petitioner's conviction and sentence.
See State v. Ancar, 508 So.2d 943 (La. App. 4 Cir. 6/3/1987).
In Petitioner's application for post-conviction relief, he asserts ineffective
assistance of trial counsel for failure to file a pre-trial motion to quash. He also asserts
ineffective assistance of appellate counsel for failing to raise an ineffective assistance of
counsel claim on appeal. Louisiana Code of Criminal Procedure article 930.8 provides
that "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 under the provisions of Article 914 or 922".
Moreover, Petitioner has not asserted a claim that would exempt him from the two-year
procedural time limitation. Since Petitioner's sentence and conviction became final in
1987, he is outside of the procedural time limitation to seek post-conviction relief.
Additionally, Petitioner states that his sentence is illegal because the indictment
does not reflect the Second Degree Murder statute and therefore does not contain the
essential element of the crime for which he was convicted. However, this exact issue was
addressed in Petitioner's previous Motion to Correct an Illegal Sentence, which was
denied by this Court in its October 16, 2014 Judgment. As a result, this Court will not
consider this motion as it is repetitive.
THEREFORE, IT IS THE JUDGMENT OF THIS COURT that Petitioner's
Application for Post-Conviction Relief is untimely, without merit and is hereby denied.
FURTHERMORE, IT IS THE JUDGMENT OF THIS COURT that Petitioner's
Motion to Correct an Illegal Sentence is without merit and is hereby denied.
New Orleans, Louisiana, this the 22nd day of June 2015.
JUDGE ROBIN D. PITTMAN
Criminal District Court