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State v. Coleman

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Feb 20, 2018
NO. 2017 KW 1558 (La. Ct. App. Feb. 20, 2018)

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


Summaries of

State v. Coleman

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT
Feb 20, 2018
NO. 2017 KW 1558 (La. Ct. App. Feb. 20, 2018)
Case details for

State v. Coleman

Case Details

Full title:STATE OF LOUISIANA v. CODY COLEMAN

Court:STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

Date published: Feb 20, 2018

Citations

NO. 2017 KW 1558 (La. Ct. App. Feb. 20, 2018)