893 - Motion

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STATE OF LOUISIANA NUMBER: 000704 DIVISION: B

18TH JUDICIAL DISTRICT COURT

VERSUS

PARISH OF WEST BATON ROUGE

ALVIN D. NORTHERN STATE OF LOUISIANA

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MOTION FOR APPLICATION OF

LA. C.CR.P. ARTICLE 893

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NOW INTO COURT, through undersigned counsel comes defendant, ALVIN D.

NORTHERN, who moves this Honorable Court for application of Louisiana Code of

Criminal Procedure Article 893, in the captioned matter, for the following reasons:

1.

On the 16th day of March, 2001, defendant, ALVIN D. NORTHERN pled guilty to

Possession of Cocaine and was sentenced to three (3) years in the custody of the Louisiana

Department of Corrections. The Court suspended this sentence and placed the defendant on

three (3) years of active supervised probation with conditions.

2.

At the appropriate time, this Honorable Court terminated probation in this matter

satisfactorily. In addition, the defendant received a First Offender Pardon for the La.

Department of Public Safety and Corrections effective March 16, 2004.

3.

At the time of sentencing, the Defendant was eligible for consideration of the

application of Louisiana Code of Criminal Procedure Article 893.

4.

Defendant, ALVIN D. NORTHERN, respectfully represents that he has remained

arrest and conviction free since the original sentencing date, as evidenced by the attached

Affidavit.

Wherefore, defendant, ALVIN D. NORTHERN, respectfully requests this Honorable

Court to dismiss and set aside the conviction in the captioned matter in accordance with

Louisiana Code of Criminal Procedure Article 893.

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RESPECTFULLY SUBMITTED:

ROTHKAMM LAW FIRM, L.L.C.

256 East Boulevard

Baton Rouge, Louisiana 70802

Telephone: (225) 336-0056

By:

C. JAMES ROTHKAMM, JR.

La. Bar Roll No. 20350

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VERSUS


ALVIN D. NORTHERN STATE OF LOUI

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ORDER

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CONSIDERING THE ABOVE AND FOREGOING MOTION;

IT IS ORDERED that the conviction of ALVIN D. NORTHERN, obtained in the

captioned matter on the 16th day of March, 2001, be dismissed and set aside in accordance

with Louisiana Code of Criminal Procedure Article 893.

THUS DONE AND SIGNED, this the _____ day of _______________, 2008, at Port

Allen, Louisiana.

_______________________________________

JUDGE, 18th JUDICIAL DISTRICT COURT

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above and foregoing Motion For Application of La.

C.Cr.P. Article 893 has been served upon:

Becky Chustz

Assistant District AttorneyEighteenth Judicial District of Louisiana

P.O. Box 765

Port Allen, Louisiana 70767

by depositing a copy of same into the U.S. Mail, properly addressed and postage pre-paid on

this the ________ day of ___________________, 2008.

______________________________



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18TH JUDICIAL DISTRICT COURTVERSUS



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ORDER

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CONSIDERING THE ABOVE AND FOREGOING MOTION;

IT IS ORDERED that the State of Louisiana, through the Office of the District

Attorney appear and show cause on the ______ day of _________________, 2008, at

________ o'clock __.m., why the conviction ofALVIN D. NORTHERN, obtained in the

captioned matter on the 16th day of March, 2001, should not be dismissed and set aside in

accordance with Louisiana Code of Criminal Procedure Article 893.

THUS DONE AND SIGNED, this the _____ day of _______________, 2008, at Port

Allen, Louisiana.

_______________________________________

JUDGE, 18th JUDICIAL DISTRICT COURT

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above and foregoing Motion For Application of La.

C.Cr.P. Article 893 has been served upon:

Becky Chustz

Assistant District Attorney

Eighteenth Judicial District of Louisiana

P.O. Box 765Port Allen, Louisiana 70767

by depositing a copy of same into the U.S. Mail, properly addressed and postage pre-paid on

this the ________ day of ___________________, 2008.

______________________________


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VERSUS



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AFFIDAVIT PURSUANT TO LOUISIANA CODE

OF CRIMINAL PROCEDURE ARTICLE 893

STATE OF LOUISIANA

PARISH OF EAST BATON ROUGE

BEFORE ME, the undersigned Notary Public, personally came and appeared, ALVIN

D. NORTHERN, who, being duly sworn, did depose and state that:

As defendant in these proceedings, I do hereby declare that I have satisfactorily

completed all of the requirements of my probation and I have refrained from any and all

criminal conduct during my probationary period and since the date of conviction, the 16th day

of March, 2001. I certify that there are no other criminal or traffic charges pending against me

at the present time and I have not been convicted of any criminal or traffic offenses during my

probationary period.

I UNDERSTAND THAT AN INTENTIONALLY FALSE DECLARATION

HEREIN WOULD SUBJECT ME TO PROSECUTION FOR PERJURY, WHICH IS A

FELONY, PUNISHABLE UNPON CONVICTION BY IMPRISONMENT UP TO FIVE

(5) YEARS AT HARD LABOR (Louisiana Revised Statutes 14:123).

_________________________________

ALVIN D. NORTHERN

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ADDRESS

_________________________________

CITY, STATE, ZIP CODE

_________________________________

DATE OF BIRTH

SWORN TO AND SUBSCRIBED before me, Notary Public, this ___________ day

of ___________________, 2008.

_________________________________

NOTARY PUBLIC

893 - Motion

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