State Of Louisiana v. Trevor Duncan

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0883

VERSUS

TREVOR DUNCAN NOVEMBER 19, 2020

In Re: Trevor Duncan, applying for supervisory writs, 22nd Judicial District Court, Parish of St. Tammany, No. 605022.

BEFORE: MaDONALD, HOLDRIDGE, AND PENZATO, JJ.

WRIT DENIED. Relator' s arguments in the motion to correct

an illegal sentence do not relate to the legality of his sentence itself under the applicable statute; 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 Gedric, 99- 1213 ( La. 1st v.

App.

Cir. 6/ 3/ 99), 741 So. 2d 849, 851- 52 ( per curiam), writ denied, 99- 1830 ( La. 11/ 5/ 99), 751 So. 2d 239. Moreover, any claims

relator has regarding his conviction should be raised in a

properly filed application for postconviction relief. See La. Code Crim. P. art. 924, et seq. However, it is noted that relator' s claims regarding his habitual offender adjudication

and excessive sentence are not grounds upon which postconviction relief may be based. See La. Code Crim. P. art. 930. 3; see also

State ex rel. Melinie v. State, 93-- 1380 ( La. 1/ 12/ 96), 665 So. 2d 1172 ( per curiam); State v. Hebreard, 98- 0385 ( La. 4th Cir.

App.

3/ 25/ 98), 708 So. 2d 1291. The proper manner to attack the allegations of a habitual offender bill is in a written response filed after the filing of the habitual offender petition. See La. R. S. 15: 529. 1 ( D) ( 1) ( b) .

JMM

GH AHP

COURT OF APPEAL, FIRST CIRCUIT

EPUTY- L, RK OF COURT FOR THE COURT