DIXON, Justice.
Henry Smith has taken an appeal from an adverse judgment on a post-conviction habeas corpus application in which he sought an out-of-time appeal. This court had previously ordered an evidentiary hearing on the application. This matter is not properly appealable to this court. La. Const. of 1974, Art. V, § 5(D); C.Cr.P. 369. However, since we have the record before us, we will treat the matter as a timely application for the exercise of our supervisory...
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