State ex rel. Besse v. State

1 denied. Construing relator’s pleading as a bona fide motion for new trial, in accordance with its caption, it is untimely and the district court did not err in dismissing it. See La.C.Cr.P. art. 851(B)(3); La.C.Cr.P. art. 853(B). In the alternative, construing the pleading as an application for post-conviction relief, see La.C.Cr.P. art. 924(1) (“An ‘application for post conviction relief means a petition filed by a person in custody after sentence following conviction for the commission of an offense seeking to have the conviction and sentence set aside.”), it was not timely filed in the…