State ex rel. Willis v. State

Supreme Court of Louisiana

State ex rel. Willis v. State

646 So. 2d 365, 1994 La. LEXIS 2762, 1994 WL 658861

CourtSupreme Court of Louisiana

DecidedNovember 18, 1994

DocketNo. 92-KH-3186

StatusPublished

This text of 646 So. 2d 365 (State ex rel. Willis 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.

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State ex rel. Willis v. State, 646 So. 2d 365, 1994 La. LEXIS 2762, 1994 WL 658861 (La. 1994).

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Opinion

In re Willis, Jonathan; — Plaintiffs); applying for supervisory and/or remedial writ; Parish of Webster, 26th Judicial District Court, Div. “A”, No. 51,165.

Writ granted. Relator moved the district court under LSA — C.Cr.P. art. 882 to correct an illegally lenient sentence and the district court denied the motion as untimely pursuant to LSA — C.Cr.P. art. 930.8(A). However, the timeliness provisions of C.Cr.P. art. 930.8(A) apply to applications for post conviction relief made under La.C.Cr.P. arts. 924-930.8, and do not apply to motions to correct illegal sentences made under La.C.Cr.P. 882, which states that illegal sentences “may be corrected at any time.” State ex rel. Johnson v. Day, 637 So.2d 1062 (La.1994); cf. State v. Johnson, 220 La. 64, 55 So.2d 782 (1951). The district court is therefore ordered to address the merits of relator’s claims.

JOHNSON, J., not on panel.

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In re Willis, Jonathan; — Plaintiffs); applying for supervisory and/or remedial writ; Parish of Webster, 26th Judicial District Court, Div. “A”, No. 51,165.

Writ granted. Relator moved the district court under LSA — C.Cr.P. art. 882 to correct an illegally lenient sentence and the district court denied the motion as untimely pursuant to LSA — C.Cr.P. art. 930.8(A). However, the timeliness provisions of C.Cr.P. art. 930.8(A) apply to applications for post conviction relief made under La.C.Cr.P. arts. 924-930.8, and do not apply to motions to correct illegal sentences made under La.C.Cr.P. 882, which states that illegal sentences “may be corrected at any time.” State ex rel. Johnson v. Day, 637 So.2d 1062 (La.1994); cf. State v. Johnson, 220 La. 64, 55 So.2d 782 (1951). The district court is therefore ordered to address the merits of relator’s claims.

JOHNSON, J., not on panel.

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646 So. 2d 365, 1994 La. LEXIS 2762, 1994 WL 658861, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-willis-v-state-la-1994.

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