Opinion
NO. 2017 KW 1558
02-20-2018
STATE OF LOUISIANA v. CODY COLEMAN
In Re: Cody Coleman, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 452,727. BEFORE: GUIDRY, PETTIGREW, AND CRAIN, JJ.
WRIT DENIED. An illegal sentence is one that "exceeds the maximum sentence authorized by law." La. Code Crim. P. art. 881.5. Only those claims relating to the legality of the sentence itself under the applicable sentencing statutes may be raised in a motion to correct an illegal sentence. State v. Gedric, 99-1213 (La. App. 1st Cir. 6/3/99), 741 So.2d 849, 851-52 (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 (per curiam). Furthermore, relator's motion really constituted a successive, repetitive, and untimely postconviction relief application, and the Supreme Court has notified relator that he has exhausted his right to state collateral review. See La. Code Crim. P. arts. 930.4 & 930.8; State v. Coleman, 2016-0791 (La. 8/4/17), 222 So.3d 1248 (per curiam). Moreover, the double jeopardy claim is meritless. See State v. Frank, 2016-1160 (La. 10/18/17), ___ So.3d ___, 2017WL4681941.
JMG
JTP
WJC
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT