STATE OF LOUISIANA VERSUS

NUMBER: 000704

DIVISION: B

18TH JUDICIAL DISTRICT COURT PARISH OF WEST BATON ROUGE ALVIN D. NORTHERN STATE OF LOUISIANA

*************************************************************************** MOTION FOR APPLICATION OF LA. C.CR.P. ARTICLE 893 *************************************************************************** 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.

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

STATE OF LOUISIANA VERSUS

NUMBER: 000704

DIVISION: B

18TH JUDICIAL DISTRICT COURT PARISH OF WEST BATON ROUGE ALVIN D. NORTHERN STATE OF LOUI

*************************************************************************** ORDER *************************************************************************** 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 Attorney Eighteenth 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. ______________________________ C. JAMES ROTHKAMM, JR.

STATE OF LOUISIANA

NUMBER: 000704

DIVISION: B

18TH JUDICIAL DISTRICT COURT VERSUS PARISH OF WEST BATON ROUGE ALVIN D. NORTHERN STATE OF LOUISIANA

*************************************************************************** ORDER *************************************************************************** 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 of ALVIN 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 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. ______________________________ C. JAMES ROTHKAMM, JR.

STATE OF LOUISIANA VERSUS

NUMBER: 000704

DIVISION: B

18TH JUDICIAL DISTRICT COURT PARISH OF WEST BATON ROUGE ALVIN D. NORTHERN STATE OF LOUISIANA

*************************************************************************** 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 _________________________________ ADDRESS _________________________________ CITY, STATE, ZIP CODE _________________________________ DATE OF BIRTH SWORN TO AND SUBSCRIBED before me, Notary Public, this ___________ day of ___________________, 2008. _________________________________ NOTARY PUBLIC