State Of Louisiana v. Kimberlin T. Edwards

• Court: Louisiana Court of Appeal
• Decided: May 9, 2022
• Docket: 2022KW0107
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2022 KW 0107

VERSUS

KIMBERLIN T. EDWARDS MAY 9, 2022

In Re: Kimberlin T. Edwards, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 458, 662.

BEFORE: GUIDRY, HOLDRIDGE, AND CHUTZ, JJ.

WRIT DENIED. The district court did not err in denying relator' s motion to correct an illegal sentence. Relator' s arguments in the motion to correct an illegal sentence do not

relate to the legality of the sentence under the applicable

statutes; and thus, the issues may not be raised in a motion to correct an illegal sentence. See State v. Parker, 98- 0256 ( La. 5/ 8/ 98), 711 So. 2d 694, 695 ( per curiam); State v. Gedric, 99- 1213 ( La. App. lst Cir. 6/ 3/ 99), 741 So. 2d 849, 851- 52 ( per

curiam), writ denied, 99- 1830 ( La. 11/ 5/ 99), 751 So. 2d 239. If relator is making a complaint with regard to the computation of

her sentence, La. R. S. 15: 1171( B) grants authority to the Department of Public Safety and Corrections to adopt

administrative remedy procedures to receive, hear, and dispose of complaints of time computations of sentences. Any complaint pertaining to the time computations, including alleged parole

eligibility and credit for time served issues, must be made

under the Corrections Administrative Remedy Procedure ( CARP) as

provided in La. R. S. 15: 1171- 79 before seeking a remedy from the district court. See Briscoe v. Department of Public Safety and Corrections, 2017- 0470 ( La. App. 1st Cir. 7/ 24/ 17), 2017 WL 3124096.

JMG GH WRC

DEPUTY CLERK OF COURT FOR THE COURT