Full Opinion

Fifth Circuit Court of Appeal State of Louisiana No. 26-KH-463 STATE OF LOUISIANA versus BYRON GREEN IN RE BYRON GREEN APPLYING FOR SUPERVISORY WRIT FROM THE FORTIETH JUDICIAL DISTRICT COURT, PARISH OF ST JOHN THE BAPTIST, STATE OF LOUISIANA, DIRECTED TO THE HONORABLE NGHANA LEWIS, DIVISION "B", No. 2019-CR-82(1) October 29, 2026 Panel composed of Judges Susan M. Chehardy, Fredericka Homberg Wicker, and Scott U. Schlegel WRIT DENIED Relator, Byron Green, on August 4, 2021, pursuant to a plea agreement, pled guilty in the 40th Judicial District Court to amended charges of two counts of armed robbery and one count of simple robbery. On the same date, the trial court sentenced him to twenty-five years imprisonment at hard labor without benefit of parole, probation, or suspension of sentence on each count of armed robbery, and twelve years imprisonment at hard labor on the burglary count. The trial court also ordered all of the sentences to run concurrently with each other. Relator did not file a motion for appeal. On May 3, 2024, relator filed his first application for post-conviction relief (APCR) with the district court in which he claimed that the trial court erred by denying his motion to suppress his statement. On October 22, 2024, the district court denied relief, citing La. C.Cr.P. art. 881.2(A)(2), which states that a “defendant cannot appeal or seek review of a sentence imposed in conformity with 26-KH-463 a plea agreement which was set forth in the record at the time of the plea.” In doing so, the district court pointed out that relator “knowingly and voluntarily entered into an agreement with the State” and completed an unconditional waiver of rights form. According to relator, he thereafter filed a notice of intent with the district court to seek review in this court on November 10, 2024. The 40th Judicial District Court’s database indicates that on January 10, 2025, the district court set a return date for February 14, 2025. On October 7, 2026, relator’s writ application was stamped as filed with this Court, more than thirty days from the district court’s October 22, 2024 ruling, and well after the February 14, 2025 return date set by the district court. Thus, we deny the relator’s writ application, finding the application untimely under Uniform Rule 4-3, because the application was not filed within thirty days of the district court’s ruling, or prior to or on the return date of February 14, 2025 set by the district court. Accordingly, this writ application is denied. Gretna, Louisiana, this 29th day of October, 2026. SMC FHW SUS 2 SUSAN M. CHEHARDY CURTIS B. PURSELL CHIEF JUDGE CLERK OF COURT SUSAN S. BUCHHOLZ FREDERICKA H. WICKER CHIEF DEPUTY CLERK JUDE G. GRAVOIS MARC E. JOHNSON STEPHEN J. WINDHORST LINDA M. TRAN JOHN J. MOLAISON, JR. FIRST DEPUTY CLERK SCOTT U. SCHLEGEL TIMOTHY S. MARCEL FIFTH CIRCUIT MELISSA C. LEDET JUDGES 101 DERBIGNY STREET (70053) DIRECTOR OF CENTRAL STAFF POST OFFICE BOX 489 GRETNA, LOUISIANA 70054 (504) 376-1400 (504) 376-1498 FAX www.fifthcircuit.org NOTICE OF DISPOSITION CERTIFICATE OF DELIVERY I CERTIFY THAT A COPY OF THE DISPOSITION IN THE FOREGOING MATTER HAS BEEN TRANSMITTED IN ACCORDANCE WITH UNIFORM RULES - COURT OF APPEAL, RULE 4-6 THIS DAY 10/29/2026 TO THE TRIAL JUDGE, THE TRIAL COURT CLERK OF COURT, AND AT LEAST ONE OF THE COUNSEL OF RECORD FOR EACH PARTY, AND TO EACH PARTY NOT REPRESENTED BY COUNSEL, AS LISTED BELOW: 26-KH-463 E-NOTIFIED 40th District Court (Clerk) Honorable Nghana Lewis (DISTRICT JUDGE) Bridget A. Dinvaut (Respondent) MAILED Byron Green #401491 (Relator) Claiborne Parish Detention Center 1415 Highway 520 Homer, LA 71040