State v. Eugene

888 So.2d 766 (2004)

STATE of Louisiana

v.

Tracy EUGENE.

No. 2004-K-1080.

Supreme Court of Louisiana.

November 15, 2004.

Writ denied.

Although the application is untimely as a matter of La. S.Ct. Rule X, § 5(a), and the court of appeal's decision is therefore final on direct review, State v. Matthews, 02-1121 (La.3/25/04), 855 So.2d 740, this court has the authority to review the merits of a defendant's constitutional claims because Louisiana law governing collateral attack on a final conviction provides a narrow exception to the finality of claims fully litigated on direct appeal. See La.C.Cr.P. art…