Opinion
NO. 2016 KW 1160
11-15-2016
STATE OF LOUISIANA v. JESSE BROWN, JR.
In Re: Jesse Brown, Jr., applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 464852. BEFORE: WELCH, CRAIN, AND HOLDRIDGE, JJ.
WRIT DENIED. Relator's claim regarding the prior guilty pleas may not be raised in a motion to correct an illegal sentence because it does not relate to the legality of the underlying sentence under the applicable sentencing statutes. See State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 852 (per curiam), writ denied, 99-1830 (La. 11/5/99), 751 So.2d 239. See also State v. Parker, 98-0256 (La. 5/8/98), 711 So.2d 694, 695 (per curiam). Furthermore, relator's claim regarding the prior guilty pleas is not cognizable on collateral review, and the time limitation period of La. Code Crim. P. art. 930.8 has expired in this case. Therefore, the district court did not err by denying the motion for production of the Boykin transcripts. See State ex rel. Brown v. State, 2003-2568 (La. 3/26/04), 870 So.2d 976, 977 (per curiam).
JEW
WJC
GH
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT