State Of Louisiana v. Wilbert Kelly, Jr.

• Court: Louisiana Court of Appeal
• Decided: March 3, 2020
• Docket: 2020KW0031
• Status: Unknown

Opinion

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

STATE OF LOUISIANA NO. 2020 KW 0031

VERSUS

WILBERT KELLY, JR. MAR 0 3 2020

In Re: Wilbert Kelly, Jr., applying for supervisory writs,

20th Judicial District Court, Parish of West Feliciana, No. 07- WFLN- 177.

BEFORE: WHIPPLE, C. J., GUIDRY AND BURRIS, 1 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 v. Gedxic, 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. In the instant writ

application, relator is attempting to file an untimely, repetitive, and successive application for postconviction

relief. See La. Code Crim. P. arts. 930. 4 & 930. 8. Having fully litigated his claims in accord with La. Code Crim. P. art.

930. 6, hereafter, unless he can show that one of the narrow

exceptions authorizing the filing of a successive application

provided in La. Code Crim. P. art. 930. 4 applies, relator has exhausted his right to postconviction relief. See State ex rel. Bonvillain v. State, 2015- 2331 ( La. 3/ 14/ 16), 186 So. 3d 644 ( per

curiam); see also State ex rel. Kelly v. State, 2016- 1524 ( La. 11/ 28/ 17), 230 So. 3d 200 ( per curiam).

VGW

JMG WJB

1-- )

DEPUTY L fac Gj CLERK OF COURT FOR THE COURT

Judge Wiliiam J. Burris, retired, serving pro tempore by special appointment of the Louisiana Supreme Court.