In re Edwards, Theron;—Defendant; Applying For Supervisory and/or Remedial Writs, Parish of E. Baton Rouge, 19th Judicial District Court Div. H, No. 04–07–0121, Anthony J. Marabella, J.; to the Court of Appeal, First Circuit, No. 2013 KW 1104.
WRIT GRANTED. Petitioner presented a post-conviction claim of ineffective assistance of counsel regarding the imposition of an illegal sentence following his guilty plea for Indecent Behavior with Juveniles, in violation of La. R.S. 14:81. The claim was dismissed on procedural grounds as time barred. We grant the writ application and remand the case to the district court to be considered as a motion to correct an illegal sentence, which, if meritorious, is an exception to the time limitations for post-conviction applications. SeeLa.C.Cr.P. art. 882.
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See La. R.S. 14:81H(1) which provides for a maximum sentence of seven years if the victim is over the age of 13.