State v. Solorzano

85 So. 3d 101 (2012)

STATE of Louisiana
v.
Wagner SOLORZANO.

No. 2011-KP-1345.

Supreme Court of Louisiana.

March 30, 2012.

Granted. The decision of the court of appeal is reversed. Defendant's filing below, properly considered as an application for post-conviction relief, State v. Smith, 406 So. 2d 1314, 1316 n. 3 (La.1981); Smith v. Cajun Insulation, 392 So. 2d 398, 402 n. 2 (1980), was barred because defendant cannot satisfy the custody requirement. La.C.Cr.P. art. 924; State v. Smith, 96-1798, p. 4-6 (La.10/21/97), 700 So. 2d 493, 495-96.