Williams v. Creed

978 So. 2d 419, 2007 WL 4463462
CourtLouisiana Court of Appeal
DecidedDecember 21, 2007
Docket2007 CA 0614
StatusPublished
Cited by10 cases

This text of 978 So. 2d 419 (Williams v. Creed) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Creed, 978 So. 2d 419, 2007 WL 4463462 (La. Ct. App. 2007).

Opinion

978 So.2d 419 (2007)

Walter A. WILLIAMS
v.
Johnny CREED, Assistant Secretary, Office of Adult Services, Louisiana Department of Public Safety and Corrections, and Carla Maxwell, Records Analyst, Hunt Correctional Center.

No. 2007 CA 0614.

Court of Appeal of Louisiana, First Circuit.

December 21, 2007.

*420 Walter A. Williams, Homer, LA, In Proper Person.

William L. Kline, Baton Rouge, LA, for Defendants-Appellees, Johnny Creed, Carla Maxwell, and Louisiana Dept. of Public Safety and Corrections.

Before PARRO, KUHN, and DOWNING, JJ.

PARRO, J.

Walter A. Williams, an inmate in the custody of the Louisiana Department of Public Safety and Corrections (DPSC), appeals a judgment that affirmed DPSC's decision in an administrative remedy procedure and dismissed his petition for judicial review of that decision. We affirm the judgment.

*421 FACTUAL AND PROCEDURAL BACKGROUND

Williams filed a petition for judicial review of the final agency decision of DPSC in Administrative Remedy Procedure No. HCC XXXX-XXXX, in which he challenged DPSC's denial of his "good time" eligibility.[1] According to the transcript of proceedings in Orleans Parish Criminal District Court, Docket No. 261-128, Williams pled guilty to two counts of attempted aggravated rape and, pursuant to a plea agreement, was sentenced to twenty-five years on each count, to run consecutively. The offenses occurred on July 16, 1977, and July 29, 1977; he entered his guilty pleas and was sentenced on December 16, 1977. The transcript of the sentencing hearing reveals that before Williams entered his guilty pleas, the court stated:

I've taken part in the plea bargain by indicating the sentence I'm going to give to you or impose upon [you] as a result of the entering of these pleas of guilty. So, the plea bargain is that you are going to plead guilty to attempted aggravated rape as to count one, and your sentence is going to be twenty-five years in the State Penitentiary. You are also to plead guilty as to count two of the Bill of Indictment and your sentence will be twenty-five years in the State Penitentiary, to run consecutive to the sentence imposed.
Now, these sentences are not going to be increased although the State may in fact file a multiple charge against you.

Pursuant to LSA-R.S. 15:529.1, the state did charge him with being a multiple offender as to the second count.[2] Williams also admitted the allegation of the multiple offender charge, so his original sentence on count two was vacated and a new sentence was entered, requiring him to serve twenty-five years in the custody of DPSC, consecutive to the sentence imposed on the first count. The court did not stipulate that the sentence on the multiple offender conviction was to be served without good time.

Williams was remanded to the custody of DPSC and began serving his sentence at Angola. While at Angola, he received a Master Prison Record with a time computation worksheet that showed his release date as November 11, 2003. This computation included good time credit for time served on both counts, pursuant to the provisions of LSA-R.S. 15:571.3 that were in effect when his offenses were committed. In October 1999, Williams was transferred to Hunt Correctional Center, where he was eventually given a revised Master Prison Record showing his release date as December 27, 2015. When he questioned the record analyst about the change, he was informed that the prior computation was incorrect and that, as of his sentencing date as a multiple offender, he was not entitled to good time credit on the multiple offender conviction under LSA-R.S. 15:571.3(C).

Williams filed for administrative relief in May 2000, pursued the administrative remedy procedure with DPSC through all the required steps, and was denied relief at each level. His petition for judicial review of that decision was filed January 16, 2001. The Commissioner held a hearing on his complaint and prepared a recommendation for the district court judge, in which he concluded the DPSC decision was correct *422 and Williams' petition for judicial relief should be dismissed.[3] Williams timely filed a traversal of the Commissioner's report. The district court judge adopted the Commissioner's report and recommendation and dismissed Williams' petition in a judgment dated June 7, 2006. This appeal followed, in which Williams contends that the application to him of the amended version of LSA-R.S. 15:571.3 violates the ex post facto clauses of the constitutions of Louisiana and the United States.

APPLICABLE LAW

Louisiana Revised Statute 15:1171 grants authority to the DPSC to adopt administrative remedy procedures in compliance with federal law to receive, hear, and dispose of all offender complaints and grievances. The statute further provides that such complaints and grievances include actions pertaining to time computations, such as computations of good time. The administrative remedy procedure is to provide the exclusive remedy to the offender for complaints governed thereby. See Madison v. Ward, 00-2842 (La.App. 1st Cir.7/3/02), 825 So.2d 1245, 1251-52 (en banc). Accordingly, a prisoner alleging an error in computation of good time must pursue his claim through the administrative remedy procedure, with appellate review first at the district court and then with this court. Madison, 825 So.2d at 1255; see also Owens v. Stalder, 06-1120 (La.App. 1st Cir.6/8/07), 965 So.2d 886, 888.

Louisiana Revised Statute 15:1177 provides for judicial review of an adverse decision by the DPSC. On review of the agency's decision, the district court functions as an appellate court. Its review is to be confined to the record and is limited to the issues presented in the petition for review and the administrative remedy request filed at the agency level. LSA-R.S. 15:1177(A)(5). The court may affirm the decision of the agency, remand the case for further proceedings, or order that additional evidence be taken. LSA-R.S. 15:1177(A)(8). The court may reverse or modify the administrative decision only if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: (1) in violation of constitutional or statutory provisions; (2) in excess of the statutory authority of the agency; (3) made upon unlawful procedure; (4) affected by other error of law; (5) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or (6) manifestly erroneous in view of the reliable, probative, and substantial evidence on the whole record. LSA-R.S. 15:1177(A)(9).

On review of the district court's judgment under LSA-R.S. 15:1177, no deference is owed by the court of appeal to the factual findings or legal conclusions of the district court, just as no deference is owed by the Louisiana Supreme Court to factual findings or legal conclusions of the court of appeal. McCoy v. Stalder, 99-1747 (La. App. 1st Cir.9/22/00), 770 So.2d 447, 450-51.

Article I, § 10 of the United States Constitution and Article I, § 23 of the Louisiana Constitution prohibit applying criminal laws ex post facto. Traditionally, Louisiana courts have held that in order for a criminal or penal law to fall within this *423 prohibition, the law had to be passed after the date of the offense, relate to that offense or its punishment, and alter the situation of the accused to his disadvantage. State ex rel. Olivieri v. State,

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Cite This Page — Counsel Stack

Bluebook (online)
978 So. 2d 419, 2007 WL 4463462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-creed-lactapp-2007.