Opinion
No. 93-KH-0865
November 18, 1994
IN RE: Johnson, Percy; — Plaintiff(s); Applying for Supervisory and/or Remedial Writ; Parish of Orleans Criminal District Court Div. "A" Number 248-206.
November 18, 1994
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 LSA-C.Cr.P. art. 930.8 (A) apply to applications for post-conviction relief made under LSA-C.Cr.P. arts. 924- 930.8, and do not apply to motions to correct illegal sentences made under LSA-C.Cr.P. art. 882, which states that illegal sentences "may be corrected at any time." State ex rel Johnson v. Day, 92-0122 (La. 5/13/94), 637 So.2d 1062; 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.
LEMMON, J. not on panel.