State Ex Rel. Melinie v. State
This text of 665 So. 2d 1172 (State Ex Rel. Melinie v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
STATE ex rel. Vandyke MELINIE
v.
STATE of Louisiana.
Supreme Court of Louisiana.
PER CURIAM.
We grant the application in order to rule definitively on the issue of whether a person may raise the question of excessiveness of sentence in a post-conviction application. La.Code Crim.Proc. art. 930.3, which sets out the exclusive grounds for granting post-conviction relief, provides no basis for review of claims of excessiveness or other sentencing error post-conviction. See State v. Gibbs, 620 So.2d 296 (La.App. 3d Cir.1993); cf. State ex rel. Glover v. State, 93-2330, p. 7, 11-14 (La. 9/5/95), 660 So.2d 1189, 1194, 1196-98. Accordingly, relator's claim for post-conviction relief based on the excessiveness of his sentence is denied.
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665 So. 2d 1172, 1996 La. LEXIS 168, 1996 WL 15590, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-melinie-v-state-la-1996.